HomeMy WebLinkAbout2.0 - Lido Bottle Works Conditional Use Permit - PA2016-102 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 1, 2016 Meeting
Agenda Item No. 2
SUBJECT: Lido Bottle Works CUP (PA2016-102)
3408 Via Oporto, Suites 102 and 103
• Conditional Use Permit No. UP2016-027
• Operator License No. OL2016-007
APPLICANT: Lido Bottle Works, LLC
OWNER: Lido Group Retail, LLC
PLANNER: Makana Nova, Associate Planner
(949) 644-3249, mnova@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to allow a restaurant, Lido Bottle Works, with late hours, a Type
41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license, and an outdoor
dining patio. The floor plan includes a 49-square-foot walk-in refrigeration unit to
facilitate off-sale beer and wine sales. Pursuant to NBMC 5.25, an Operator License is
required because the improvements result in a change in occupancy and the operation
includes hours past 11:00 p.m. in conjunction with alcohol service. If the Conditional
Use Permit is approved, staff will return at a future noticed hearing to revoke Use Permit
No. UP1849 and its subsequent amendment, Outdoor Dining Permit No. 005, Use
Permit No. UP1906, Planning Director's Use Permit No. 18, and Outdoor Dining Permit
No. OD45.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. approving Conditional Use Permit No. UP2016-027 as
modified without the requested off-sale alcohol sales component (Attachment No.
PC 1).
INTRODUCTION
Prosect Setting
The proposed restaurant is located at the eastern side of Via Oporto, adjacent to
Newport Harbor. The property is developed with six buildings and the restaurant is
proposed within a 4,804-square-foot, two-story multi-tenant building. No parking is
provided on-site but is provided in a nearby 357 space parking structure located at 3434
Via Lido.
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VICINITY MAP
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GENERAL PLAN ZONING
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ON-SITE MU-W2 (Mixed-Use Water MU-W2 (Mixed-Use Restaurant and Retail Building
Related) Water Related
NORTH MU-W2 (Mixed-Use Water MU-W2 (Mixed-Use Lido Marina Village Retail/Office
Related) Water Related) Destination
SOUTH MU-W2 (Mixed-Use Water MU-W2 (Mixed-Use Lido Marina Village Retail/Office
Related) Water Related) Destination
EAST Newport Harbor Newport Harbor Newport Harbor
WEST MU-W2 (Mixed-Use Water MU-W2(Mixed-Use Lido Marina Village Retail/Office
Related) Water Related) Destination
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The Property is part of Lido Marina Village, a commercial development that historically
includes a mix of retail, service, office, and restaurant uses. This development is
currently undergoing renovation and the establishment of new tenants throughout the
area. Lido Marina Village surrounds the subject property to the south, east, and west.
Newport Harbor is directly adjacent to the north. The adjacent marina also
accommodates several charter boats, which have operated in the area since the mid
1990's and cater to private parties and special events in Newport Harbor. Site
photographs of the subject property are included as Attachment No. PC 4.
Project Description
Lido Bottle Works is a food service restaurant with an emphasis on craft beer and a
chef's selection of complementary appetizers and dishes. The applicant requests a
conditional use permit for Suites 102 and 103 to allow a food service restaurant with late
hours, a Type 41 (on-sale beer and wine) Alcoholic Beverage Control (ABC) license,
and an outdoor dining patio. The 4,804-square-foot building is being remodeled and
consists of the proposed 1,234-gross-square-foot restaurant space and a smaller 1,316-
square-foot retail tenant space at the first floor level with office floor area above. The
retail and office portions of the building are not part of this application.
The restaurant provides 644 square feet of interior net public (seating and customer)
area, which accommodates 40 seats. The accompanying outdoor dining patio is 324
square feet in area with 24 seats. The floor plan includes a 49-square-foot walk-in
refrigeration unit to facilitate off-sale beer and wine sales. The off-sale component would
be included in the Type 41 (On Sale Beer and Wine) alcohol license issued by the
Department of Alcoholic Beverage Control. The proposed hours of operation for the
interior of the restaurant are 10:00 a.m. to 12:00, midnight, daily. Reduced hours of
10:00 a.m. through 11:00 p.m., Sunday through Wednesday, are proposed on the
outdoor dining patio. The applicant has provided a project description (Attachment No.
PC 5) and Table 2 provides a summary of the use as requested by the applicant.
Table 2. Summarf of Applicant's Request
UP2016-027 PA2016-102
Alcohol License Type 41 On Sale Beer and Wine
Net Public Area 644 square feet interior
324 square feet patio
968 total net public area
Seats 40 interior seats and
24 outdoor dining patio seats
64 seats total
Hours Interior: 10:00 a.m. to 12:00 midnight, daily (lights out 12:30 a.m.)
Patio: 10:00 a.m. to 12:00 midnight Thursday through Saturday*
Patio: 10:00 a.m. to 11:00 p.m., Sunday through Wednesday*
*(no patrons on patio after closing hour)
Retail Alcohol Sales: 10:00 a.m. to 10:00 p.m., daily
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A new CUP is required due to modifications to the floor plan, tenant space
configuration, and operational characteristics. The restaurant location was previously
allowed to operate (including on-sale beer and wine sales) pursuant to Use Permit No.
UP1849 and its subsequent amendments, Outdoor Dining Permit No. 005, Use Permit
No. UP1906, Planning Director's Use Permit No. 18, and Outdoor Dining Permit No.
OD45. If the Conditional Use Permit is approved, staff will return at a future noticed
hearing to revoke these permits.
Pursuant to Chapter 5.25 of the NBMC, an Operator License issued by the Chief of
Police is required because the proposed improvements result in a change in occupancy
and the operation includes hours past 11:00 p.m. in conjunction with alcohol service.
Background
According to County records, the building was constructed in 1954 and was first utilized
as a restaurant in 1979.
On December 14, 1972, the Planning Commission approved Use Permit No. 1636
permitting construction of a 367-space, 5-story public parking garage. Over time, the
number of uses that rely upon the parking structure (including 3408 Via Oporto) to
satisfy code required parking increased as various restaurants obtained use permits
from the City.
On November 17, 1977, the Planning Commission approved Use Permit No. UP1849,
to allow a yogurt shop within Suite 102. The Use Permit was amended in 1983 to
convert the establishment to a take-out restaurant with beer and wine service. An
Outdoor Dining Permit was approved in 1996 for this suite.
On April 19, 1979, the City Council approved Use Permit No. UP1906 to allow the
establishment of a restaurant in Suite 103 that included beer and wine service and
outdoor dining. Several amendments and additions were approved over the years
including Planning Director's Use Permit No. 18 and Outdoor Dining Permit No. OD45,
until the operator closed the business in 2009 and the building has been vacant since.
Lido Marina Village, including the project site, is currently undergoing an extensive
remodel, including improvements to the existing building facades, tenants, right-of-way,
and marina. On December 18, 2014, the Planning Commission approved CUP No.
UP2014-014 (PA2014-002) (Planning Commission Resolution No. 1966 provided as
Attachment No. PC 6), authorizing a comprehensive Parking Management Program for
Lido Marina Village. The Parking Management Program applies to approximately
112,029 square feet of commercial floor area under the common ownership of DJM
Capital Partners, including the proposed restaurant.
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DISCUSSION
The Zoning Code requires an analysis and consideration of the following topics:
consistency with the General Plan, Coastal Land Use Plan, and Zoning District, as well
as alcoholic beverage sales, late hours of operation (after 11:00 p.m.), outdoor dining,
parking, and the conditional use permit findings. Discussion of these topics is provided
in the following sections.
Consistency with General Plan/Coastal Land Use Plan/Zoning
The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and
Zoning Code designate the properties within Lido Marina Village as Mixed-Use Water
Related (MU-W2 and MU-W per CLUP). Permitted uses include commercial
development on or near the bay in a manner that will encourage the continuation of
coastal-dependent and coastal-related uses, maintain the marine theme and character,
encourage mutually supportive businesses, encourage visitor-serving and recreational
uses, and encourage physical and visual access to the bay on waterfront commercial
and industrial building sites on or near the bay. The project would allow for reuse of an
existing restaurant, maintaining the character of the district. A restaurant is consistent with
the land use designation and zoning district with the approval of a use permit. The
proposed project requires a CUP to authorize late hours of operation after 11:00 p.m.
Under the General Plan land use designation and Zoning Code of MU-W2, the Floor Area
Ratio (FAR) for the subject property is limited to 0.5 for nonresidential development and
the six buildings on the property exceed the FAR limit at 1.08 FAR. The existing building
and ongoing alterations are allowed by Section 20.38.040 (Nonconforming Structures) of
the Zoning Code because the building renovations do not result in an increase in the gross
floor area or FAR.
Alcoholic Beverage Sales
When reviewing an application to allow an eating or drinking establishment to sell,
serve, or give away alcohol, Section 20.48.090 (Eating and Drinking Establishments) of
the Zoning Code requires the Planning Commission to evaluate the potential impacts
upon adjacent uses (within 100 feet as measured between the nearest lot lines) and to
consider the proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption. The adjacent uses are retail and office. The nearest
residential uses are a mixed-use development that includes two residential units located
86 feet to the south on Via Lido. The draft resolution includes conditions of approval to
minimize negative impacts that the proposed restaurant may have to surrounding land
uses and ensure that the use remains compatible with the surrounding community.
In order to approve a CUP for alcohol sales, the Planning Commission must also find
that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales). In doing so, the follow must be considered:
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a) The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
b) The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
c) The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
d) The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
e) Whether or not the proposed amendment will resolve any current objectionable
conditions.
The establishment is located within Police Reporting District 15, which includes Lido
Village, Cannery Village, and McFadden Square. For a map of the City of Newport
Beach Reporting Districts, see Attachment No. PC 7. A data sheet, which includes
alcohol related statistics from 2015, is provided in Attachment No. PC 8. A discussion of
these factors is provided below:
1. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
Reporting District Part One Crimes Part Two Crimes Part One Crimes
(Serious offenses) (All other offenses) Rate (per 100,000
people
RD No. 15 175 589 6,268
RD No. 13 67 169 4,063
RD No. 16 102 156 4,311
RD No. 25 97 146 3,453
Newport Beach 2,339 3,841 2,740
The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One
Crimes Rate for the City and adjacent districts. The crime rate in RD 15 is 369 percent
above the Citywide reporting district average. The higher crime rate is largely due to the
number of visitors to the Balboa Peninsula, the high concentration of restaurants, and
the high ratio of non-residential to residential uses. While the area does have a high
concentration of alcohol licenses, the findings can be made despite higher
concentrations of crimes as Lido Marina Village was designed to accommodate a
restaurant and the building has historically been occupied by a restaurant with alcohol
service. The service of on-sale alcoholic beverages would provide additional menu
options for customers and enhances the economic viability of Lido Marina Village.
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2. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and the adjacent reporting districts.
Reporting District DUI/Drunk Arrests Total Arrests Calls for Service
RD No. 15 89 625 9,734
RD No. 13 17 192 4,375
RD No. 16 14 159 4,250
RD No. 25 27 127 3,961
Newport Beach 449 3,523 102,056
RD 15 has a higher number of DUI/Drunk Arrests, Total Arrests, and Calls for Service
recorded in 2015 compared to adjacent reporting districts. From January 1, 2015
through December 31, 2015, the property was vacant and the Police Department
reported one call for service to the subject property from a cellular phone.
3. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar
uses, and any uses that attract minors.
The subject property is located in a mixed-use district where residential development is
permitted above the first floor. However, Lido Marina Village does not currently include
any residential development and there are currently no plans to add residential units. A
mixed-use development that includes two residential units is located approximately 86
feet to the south along Via Lido. Additionally, multi-family residential development is
located 800 feet northeast of the property across Newport Harbor. The nearest place of
recreation, the beach, is located approximately one half mile to the west. The nearest
church, St. James Episcopal Church, is located 680 feet to the south of the subject
property along Via Lido and does not currently operate. The nearest school, Newport
Elementary School, is located approximately one mile to the southeast along West
Balboa Boulevard. The project site is not located in close proximity to a daycare center.
The proposed restaurant is otherwise surrounded by commercial retail and office uses
adjacent to the harbor.
The Balboa Peninsula is generally characterized by a high number of visitors, in which
commercial and residential zoning districts are located in close proximity to one another.
This location in Lido Marina Village has greater distance from sensitive land uses than
other commercial areas. The draft resolution includes conditions of approval to further
minimize negative impacts to surrounding land uses and ensure that on-sale alcohol
remains compatible with the surrounding community.
4. The proximity of the other establishments selling alcoholic beverages for either off-
site or on-site consumption.
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As reflected in the approved Parking Management Program, Lido Marina Village was
designed to accommodate multiple restaurants and the proposed restaurant is expected
to be located in close proximity to other food service establishments. This includes
Nobu, a restaurant with late hours, live entertainment, an outdoor dining patio, and a
Type 47 (On Sale General) alcohol license located at 3450 Via Oporto and Zinque, a
restaurant with late hours, outdoor dining, and a Type 47 (On Sale General) alcohol
license located at 3440 Via Oporto. The RD 15 statistics indicate a high concentration of
alcohol licenses within this statistical area.
Reporting District Active ABC License Per Capita
RD No. 15 73 1 per 38 residents
RD No. 13 6 1 per 275 residents
RD No. 16 6 1 per 394 residents
RD No. 25 36 1 per 78 residents
County-wide 5,704 1 per 505 residents
The per capita ratio of one license for every 38 residents is higher than the adjacent
districts and the average ratio for Orange County. This is due to the higher
concentration of commercial land uses, alcohol licenses attributed to adjacent marina
operations, lower number of residential properties, and high number of restaurants in
Lido Marina Village, Cannery Village, and McFadden Square. While the proposed
restaurant is located in close proximity to other establishments, the location in Lido
Marina Village, an established commercial area, together with the proposed operational
characteristics would make the on-sale service of alcoholic beverages appropriate.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The existing commercial building has been vacant for several years. The property is
undergoing improvements to bring the building into compliance with Building and Fire
Code requirements.
Refer to Attachment No. PC 9 for a copy of the Police Department Memorandum.
Offering on-sale beer and wine alcohol service will complement the food service and
provide for the convenience of customers. The Police Department has no objections to
the on-sale consumption of alcohol given the proposed hours of operation, license type,
and location of the use.
The draft resolution includes conditions of approval to limit objectionable conditions
related to noise and trash from the establishment. All employees serving alcohol will be
required to be at least 21 years of age and receive ABC-required Licensee Education
on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training
(Condition No. 42). Approval of this application will require the operator to obtain an
Operator License pursuant to Chapter 5.25 of the NBMC. The Operator License will
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provide enhanced tools to control noise, loitering, litter, disorderly conduct,
parking/circulation and other potential disturbances that could result from the use, and
will provide the Police Department with means to modify, suspend, or revoke the
operator's ability to maintain late-hour operations.
Off-Sale Alcoholic Beverage Sales
In reviewing the restaurant request for retail alcohol sales for off-site consumption, the
Police Department has expressed concern with this proposed component. The off-sale
component was not previously a part of the existing restaurant operation and would add
a new off-sale alcohol outlet within an over-concentrated Police Reporting District
(RD15). As a result, the Police Department believes the off-sale component could result
in an increased demand for Police Services. Therefore, staff recommends that the use
and plans be modified to remove this component of the business operation as shown in
the draft resolution for approval (Attachment No. PC 1).
Late Hours of Operation
Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport
Beach Municipal Code, the Planning Commission must consider the following potential
impacts upon adjacent or nearby uses when reviewing an application to allow late-hour
operations':
1. Noise from music, dancing, and voices associated with allowed outdoor uses and
activities;
2. High levels of lighting and illumination;
3. Increased pedestrian and vehicular traffic activity during late and early morning
hours;
4. Increased trash and recycling collection activities;
5. Occupancy loads of the use; and
6. Any other factors that may affect adjacent or nearby uses.
Planning and Police Department staff recommend approval of the requested hours of
operation for the establishment. In comparison with other restaurants that close at 2:00
a.m., the 12:00 midnight closing hour will assist the Police Department by not adding an
additional restaurant with a 2:00 a.m. closing hour on the Peninsula. Staggered closing
hours assist the Police so that not all patrons of late hour establishments leave the area
at the same time.
' Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week. (NBMC Sec.20.70.020)
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The outdoor dining patio provides 24 seats and is proposed to close at 11:00 p.m.
Sunday through Wednesday and at 12:00 midnight, Thursday through Saturday. Patio
speakers will be oriented toward the interior dining room where the music is expected to
be played for background level ambiance. The nearest residential uses are located
approximately 86 feet to the south at 3388 Via Lido, which is developed with two
dwelling units on the upper three floors above two levels of retail/office. The nearest
residential properties across Newport Harbor are 800 feet to the northeast at 3121 West
Coast Highway, a multi-family condominium building. Noise impacts are not anticipated
and compliance with the noise ordinance is required. Dancing and live entertainment
are not proposed. Conditions of approval provided in the draft resolution require the
music on the outdoor dining patio to be turned off at 10:00 p.m. as this hour is
consistent with the change in the noise standard in the Municipal Code. The Police
Department supports closing hour of 11:00 p.m. and 12:00 midnight for the outdoor
dining patio (Attachment No. PC 9) and Planning Division staff concurs as it would
reduce the potential effects of exterior noise resulting from the outdoor dining patio.
The proposed use will not necessitate high levels of lighting or illumination and any
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting).
The hours of operation will result in increased late-hour pedestrian and vehicular activity
in and around Lido Marina Village. Most traffic is likely to access the area via Newport
Boulevard and Via Lido. In conjunction with the operator license application, the
applicant has submitted a security plan for both the tenant (Attachment No. PC 10) and
the Lido Marina Village development (Attachment No. PC 11). The Police Department
has reviewed the security plans to ensure that adequate security measures are in place
for Lido Marina Village as a whole.
The applicant has demonstrated that sufficient trash and recycling areas will be
provided throughout the center. Based on the size of the remodeled building, a total of
32 square feet of trash and recycling areas are required per Section 20.30.120 (Solid
Waste and Recyclable Materials Storage) of the Zoning Code. An approximately 100-
square-foot trash enclosure that accommodates four dumpsters will be provided in the
adjacent retail/office building at 3400 Via Oporto and is adequate to serve the needs of
the proposed restaurant.
Outdoor Dining
The requested outdoor dining patio hours are compatible with the goals established for
Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes
the need for, "a pedestrian-oriented village environment that reflects its waterfront
location, providing a mix of uses that serves visitors and local residents." The tenant
space is located adjacent to the boardwalk and marina along Newport Harbor, which
connects through Lido Marina Village to the mixed-use property to the south. The
outdoor dining area will not inhibit the width of the boardwalk area and pedestrian
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easement adjacent to the harbor. The proposed outdoor dining patio provides an
additional amenity for coastal visitors to enjoy the bay frontage.
Parkin
Parking for Lido Marina Village is provided nearby in a structure at 3434 Via Lido and
along Via Lido and Via Oporto that accommodate the proposed use.
In November, 2014, a parking study was prepared in conjunction with a Parking
Management Program for Lido Marina Village. The study details the availability of
parking in the street and in the nearby parking structure. The Parking Management
Program approved by Planning Commission Resolution No. 1966 (Attachment No. PC
6) for Lido Marina Village allows the center to be occupied up to a certain occupancy
threshold whereupon a new parking study will be conducted based on real-time data to
determine whether additional off-site parking is necessary or if the existing parking
available is sufficient. When this occurs, the Parking Management Program will be
reviewed by the Planning Commission again. The proposed restaurant does not exceed
the identified occupancy thresholds as indicated in the attached food service tracking
table (Attachment No. PC 12) and thus, a new parking study and subsequent Planning
Commission review of the parking are not required at this time.
The proposed restaurant is located in an area that is subject to a captive market and
results in shared trips, different peak periods for a variety of land uses, and a high level
of pedestrian and bicycle activity. These characteristics will reduce the parking demand
to a number lower than the required parking.
CUP Findings
The floor plan and operational changes to accommodate a new restaurant at this location
are considered substantial changes in operation that require the approval of a new CUP.
Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the Planning Commission must make the following findings in order to
approve a CUP:
1. The use is consistent with the General Plan and any applicable Specific Plan;
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
4. 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; and
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5. 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.
Staff believes sufficient facts exist in support of each finding but that the operation
should be modified to remove the requested off-sale alcohol sales component. The
operation is defined as a eating and drinking establishment (Food Service, Late Hours)
and is consistent with the purpose and intent of MU-W2 (Mixed-Use Water Related)
General Plan land use designation and Zoning District. The MU-W2 designation applies
to waterfront properties in which marine-related uses may be intermixed with general
commercial, visitor-serving commercial, and residential dwelling units on the upper
floors. Food Service uses can be expected to be found in this area and similar locations
and are complementary to the surrounding commercial uses through compliance with
the proposed conditions of approval.
The proposed restaurant is expected to serve as a supporting food service tenant within
Lido Marina Village. The building is physically suitable and the location is compatible
with the area as the location has previously been utilized as a restaurant and is not
located in an area directly adjacent to residential land uses. As conditioned, it is
expected to operate in an effective manner that is compatible with the surrounding land
uses in Lido Marina Village.
The proposed project will comply with Newport Beach Municipal Code standards for
restaurants. The proposed renovations are expected to have a positive impact on the
overall economic health of the community and promote further revitalization of the other
commercial properties within Lido Marina Village. Therefore, staff believes that the
proposed restaurant and operational characteristics are appropriate for this location.
Alternatives
1. The Planning Commission may suggest specific project modifications or
operational changes that are necessary to alleviate concerns. If the Planning
Commission determines off-sale alcohol sales should be allowed, alternative
Conditions of approval are provided as Attachment No. PC 3 for consideration.
2. If the Planning Commission believes that there are insufficient facts to support
the findings for approval, the Planning Commission should deny the application
request (Attachment No. PC 2).
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
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1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
proposed project involves the interior alteration of an existing building developed as a
restaurant. Therefore, the project qualifies for a categorical exemption under Class 1.
If denied, projects which a public agency rejects or disapproves are not subject to the
California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the
CEQA Guidelines.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled meeting, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
Prepared by: Submitted by:
.L/
Maka& N a r n a Wisnes i, ICP, Deputy Director
Associate Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Alternative Conditions for Retail Alcohol Sales
PC 4 Site Photos
PC 5 Applicant's Project Description
PC 6 Planning Commission Resolution No. 1966
PC 7 Police Reporting Districts Map
PC 8 Police Department Crime and Alcohol-Related Statistics
PC 9 Police Department Memorandum
PC 10 Lido Bottle Works Security Plan
PC 11 Lido Marina Village Security Plan
PC 12 Food Service Tracking Table
PC 13 Project Plans
1-�
Attachment No. PC 1
Draft Resolution with
Findings and Conditions
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2016-027 FOR A FOOD
SERVICE, EATING AND DRINKING ESTABLISHMENT WITH
LATE HOURS, A TYPE 41 ALCOHOL LICENSE, AND
OUTDOOR DINING PATIO LOCATED AT 3408 VIA OPORTO,
SUITES 102 AND 103 (PA2016-102)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric Paine representing Lido Bottle Works, LLC, with respect
to property located at 3408 Via Oporto, Suites 102 and 103, and legally described as
Parcel 1 of Parcel Map No. 59-17 (Resubdivision No. 416), consisting of Lots 16 through
21 in Tract 907, as shown on a map recorded in Book 47 Pages 39, of Miscellaneous
Maps, records of Orange County, California. The applicant requests approval of a
conditional use permit.
2. The applicant proposes a conditional use permit to allow a restaurant, Lido Bottle
Works, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage
Control (ABC) license, and an outdoor dining patio. As requested, the floor plan
includes a 49-square-foot walk-in refrigeration unit to facilitate off-sale beer and wine
sales.
3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on September 1, 2016, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1 . This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
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Page 2 of 14
2. The Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the interior alteration of an existing eating and
drinking establishment. Therefore, the project qualifies for a categorical exemption
under Class 1.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make
the following finding for approval of a new alcoholic beverage license:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of
the Zoning Code.
Facts in Support of Finding:
1. The purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is to
maintain a healthy environment for residents and businesses. Alcohol service is intended
for the convenience of customers dining at the restaurant. Operational conditions of
approval recommended by the Planning Division and Police Department relative to the
sale of alcoholic beverages including the requirement to obtain an Operator License
will ensure compatibility with the surrounding uses and minimize alcohol-related
impacts.
2. The subject property is located in an area with a significant variety of land uses
including commercial, retail, office, and marine-related resources. The business hours,
operational characteristics (without the retail sales of alcohol for off-site consumption),
and floor plan have been limited so as to maintain the compatibility of the proposed
use with surrounding land uses.
3. The Balboa Peninsula is generally characterized by a high number of visitors, in which
commercial and residential zoning districts are located in close proximity to one
another. This location in Lido Marina Village is a greater distance from sensitive land
uses than other commercial areas. The draft resolution includes conditions of approval
to further minimize negative impacts to surrounding land uses and ensure that the use
remains compatible with the surrounding community.
4. The off-sale request is an additional component beyond what the existing restaurant
had and could increase the demand for Police Services in an over-concentrated area
for alcohol licenses within Reporting District No. 15.
Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit
Requirements) of the Newport Beach Municipal Code, eating and drinking establishments
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classified as Food Service, Late Hours, require the approval of a conditional use permit within
the MU-W2 (Mixed-Use Water Related)Zoning District.
In accordance with Section 20.52.020.E (Conditional Use Permit, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) General Plan and CLUP land use
designations apply to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential
dwelling units on the upper floors. Although the subject property and surrounding
development does not include residential uses, the proposed eating and drinking
establishment is consistent with the visitor-serving land uses intended for the MU-W2
(Mixed-Use Water Related) land use designation of the General Plan and CLUP.
2. The requested outdoor dining patio hours are compatible with the goals established for
Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes
the need for "a pedestrian-oriented village environment that reflects its waterfront
location, providing a mix of uses that serve visitors and local residents." The proposed
use and outdoor dining patio provides an additional amenity for visitors to enjoy the
bay frontage.
3. Land Use Element Policy LU5.2.2 (Buffering Residential Areas) suggests that
commercial uses adjoining residential neighborhoods should be designed to be
compatible and minimize impacts to these uses. Turning music at the patio off at 10:00
p.m. will ensure that noise impacts to residents across Newport Harbor are minimized.
4. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of
convenient parking is available throughout the City. Analysis provided by the Lido
Marina Village Parking Demand Analysis and in accordance with the approved Parking
Management Program [Planning Commission Resolution No. 1966, Conditional Use
Permit No. UP2014-014 (PA2014-002)] demonstrates that an adequate supply of
parking will be provided based upon the shared use of parking within Lido Marina
Village.
5. The project site is not located within a Specific Plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
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Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties
in which marine-related uses may be intermixed with general commercial, visitor-
serving commercial, and residential dwelling units on the upper floors. Eating and
drinking establishments classified as Food Service, Late-Hours require the approval of
conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District.
2. Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code states
that all activities shall be conducted entirely within an enclosed structure, with the
exception of checking patron's identification, valet parking activities, and outdoor
dining. The restaurant will comply with these provisions based upon the project plans
and conditions of approval.
3. Section 20.48.090.F.3.b (Eating and Drinking Establishments, Outdoor Dining) also
requires that the review authority consider the relationship of outdoor dining to
sensitive noise receptors. The outdoor dining patio closing hour of 11:00 p.m., Sunday
through Wednesday and 12:00 midnight, Thursday through Saturday, will minimize
noise impacts to residents located across Newport Harbor and along Via Lido.
4. The proposed use and required parking is consistent with the Lido Marina Village
Parking Management Program [Conditional Use Permit No. UP2014-014 (PA2014-
002)].
5. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
6. The eating and drinking establishment is consistent with the Lido Marina Village
Design Guidelines. The renovation of the existing establishment will support local
establishments within Lido Marina Village and improve the pedestrian experience.
7. The existing development is nonconforming to the 0.5 Floor Area Ratio (FAR). The
existing building and ongoing alterations are allowed by Section 20.38.040
(Nonconforming Structures) of the Zoning Code because the building renovations do not
result in an increase in the gross floor area or FAR.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. An eating and drinking establishment has operated in these suites since 1977 and
1979. The location is compatible with other commercial uses in the area and serves as
a supporting use within the Lido Marina Village retail commercial area. The eating and
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Page 5 of 14
drinking establishment also serves as an important visitor-serving use that benefits the
area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act.
2. The subject property is located in a relatively dense commercial village area with
multiple uses within a short distance of each other. Lido Marina Village is conducive to
a significant amount of walk-in patrons. No on-site parking is available for the subject
property but adequate parking is provided in the Lido Marina Village parking structure
and adjacent streets (Central Avenue and Via Oporto) as authorized under the
approved Parking Management Program for Lido Marina Village [Conditional Use
Permit No. UP2014-014 (PA2014-002)].
3. The operational conditions of approval will promote compatibility with the surrounding
uses. The floor plan provides tables and counter areas to accommodate 40 interior
seats and 24 outdoor dining patio seats. The restaurant closes at 12:00 midnight,
which is earlier than other uses on the Peninsula and minimizes the demand for police
services in the area. The applicant is required to maintain substantial conformance
with the approved floor plan in conjunction with a Type 41 (On Sale Beer and Wine)
alcohol license so that the restaurant's primary use is an eating and drinking
establishment and not a bar, lounge, or night club.
4. The business operation does not include live entertainment or dancing.
5. The proposed use will not necessitate high levels of lighting or illumination and all
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting).
Finding:
E. 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 located within an existing commercial building and the tenant space
is designed and developed for an eating and drinking establishment. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
Lido Marina Village development. The existing tenant space on the subject property has
historically been occupied by an eating and drinking establishment.
2. The outdoor dining area will not inhibit the width of the boardwalk area and pedestrian
easement adjacent to the harbor. The proposed outdoor dining patio provides an
additional amenity for coastal visitors to enjoy the bay frontage.
3. Adequate public and emergency vehicle access, public services, and utilities exist for
the existing development. Access is provided by Via Oporto and Central Avenue from
Via Lido. All utilities presently exist in the vicinity.
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4. The design of the tenant improvements will comply with all Building, Public Works, and
Fire Codes, and must be approved by the Orange County Health Department.
Finding:
F. 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:
1. The tenant improvements to the existing eating and drinking establishment should
have a positive impact on the area and may promote further revitalization of
commercial properties located in Lido Marina Village. The eating and drinking
establishment will serve the surrounding community.
2. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. Turning the music
off at 10:00 p.m. on the patio will ensure the restaurant will remain in compliance with
Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code.
3. The restaurant does not include live entertainment or dancing.
4. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The alcohol service
on-site has been conditioned to prohibit off-sale alcohol sales. The limited hours reduce
impacts to surrounding land uses and sufficient parking is available in the parking
structure to accommodate the eating and drinking establishment. 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.
5. Staff will return at a future noticed hearing to revoke Use Permit No. UP1849 and its
subsequent amendment, Outdoor Dining Permit No. 005, Use Permit No. UP1906,
Planning Director's Use Permit No. 18, and Outdoor Dining Permit No. OD45.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2016-027 (PA2016-102), subject to the conditions set forth in Exhibit
A, which is attached hereto and incorporated by reference.
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2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in
accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach
Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS IST DAY OF SEPTEMBER, 2016.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
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Page 8 of 14
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1 . The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Conditional Use Permit No. UP2016-027 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. 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.
6. 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.
7. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
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, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
10. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional
Use Permit file. The plans shall be identical to those approved by all City departments
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Planning Commission Resolution No. Ott
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for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by this Conditional Use Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
11. The hours of operation for the interior of the restaurant shall be limited from 10:00 a.m.
through 12:30 a.m., daily. The doors shall be closed to new customers one half hour
prior to the closing hour.
12. The hours of operation for the outdoor dining patio shall be limited between 10:00 a.m.
and 12:00 midnight, Thursday through Saturday, and between 10:00 a.m. and 11:00
p.m., Sunday through Wednesday. No patrons shall be on the patio after the stated
hours.
13. That the "net public area" of the restaurant shall not exceed 644 square feet for the
interior of the subject restaurant facility.
14. Off-sale alcohol sales shall be prohibited. Prior to the issuance of building permits, the
project plans shall be modified to remove the proposed reach-in/walk-in cooler and
retail alcohol sales display areas from the floor plans.
15. The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining patio shall be limited to 324 square feet in area.
16. The restaurant and patio seats shall be configured in a dining room setting. The dining
tables and chairs are not permitted to be moved to create standing areas for food and
beverage service to patrons.
17. 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.
18. The restaurant and patio areas may be used for private parties provided that said use
is not a promotional activity and/or does not require a City issued Special Event
Permit.
19. The height of the boundary wall of the accessory outdoor dining area shall be marked
on the approved plans. Fences, walls, or similar barriers shall serve only to define the
outdoor dining area and not constitute a permanent all weather enclosure.
20. There shall be no live entertainment or dancing allowed on the premises.
21. A comprehensive security plan for the permitted uses shall be submitted for review and
approval by the Newport Beach Police Department (NBPD). The procedures included in
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Planning Commission Resolution No. Ott
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the plan and any recommendations made by the NBPD shall be implemented and
adhered to for the life of the Conditional Use Permit.
22. The installation of roof coverings shall not have the effect of creating a permanent
enclosure. The use of umbrellas for shade purposes shall be permitted. The use of
any other type of overhead covering shall be subject to review and approval by the
Community Development Director and may require an amendment to this permit.
23. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code.
24. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to
advertise the restaurant facility. Temporary signs shall be prohibited in the public right-
of-way unless otherwise approved by the Public Works Department in conjunction with
the issuance of an encroachment permit or encroachment agreement.
25. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). 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. 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 of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time period unless the ambient
noise level is higher:
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA SOdBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
27. 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.
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Planning Commission Resolution No. Ott
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28. An outdoor sound system shall be permitted within the outdoor dining areas for music
played at a background level. Music on the outdoor dining patios shall be turned off at
10:00 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal
Code.
29. 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.
30. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
31. All trash shall be stored within the building, except when placed for pick-up by refuse
collection agencies. 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).
32. Trash receptacles for patrons shall be conveniently located inside of the
establishment. 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.
33. Storage outside of the building in the front or at the rear of the property shall be
prohibited,with the exception of the trash container on pick-up days.
34. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Lido Bottle Works CUP including, but not limited
to, Conditional Use Permit No. UP2016-027 (PA2016-102). 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.
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Page 12 of 14
Police Department Conditions
35. The operator of the establishment shall secure and maintain 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 12:00 midnight, daily.
36. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal
Code, may be subject to additional and/or more restrictive conditions such as a security
plan to regulate and control potential late-hour nuisances associated with the operation of
the establishment.
37. 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.
38. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
39. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
40. Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
41. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
42. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
43. The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter, and debris from
the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall
be removed within 48 hours of written notice from the City.
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Planning Commission Resolution No. ####
Page 13 of 14
44. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
45. "VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
46. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
Fire Department Conditions
47. A Type I hood shall be installed at or above all commercial cooking appliances and
domestic cooking appliances used for commercial purposes that produce grease
vapors. California Fire Code Section 609.2.
48. Each required commercial kitchen exhaust hood and duct system required by Section
609 with a Type I hood shall be protected with an approved automatic fire-
extinguishing system installed , complying with UL300, in accordance with the fire
code (C.F.0 Section 904.11).
49. As per California Building Code Table 1015.1, two exits are required when the
occupant load exceeds 49. Exits are not allowed to pass through kitchen areas. If
there is not a direct exit from the patio area, then two exits will be required from the
restaurant area. Where two exits are required, the exit doors shall be placed a
distance apart equal to not less than one-half of the length of the maximum overall
diagonal dimension of the building or area to be served measured in a straight line
between exit doors.
Building Division Conditions
50. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. 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. Complete sets of drawings
including architectural, electrical, mechanical, and plumbing plans shall be required at
plan check.
51. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
52. Strict adherence to maximum occupancy limits is required.
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Planning Commission Resolution No. ####
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53. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
54. A grease interceptor shall be installed prior to the establishment opening for business to
the satisfaction of the Building Division.
55. 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 Director and Public Works Director in conjunction with the
approval of an alternate drainage plan.
56. Prior to the issuance of building permits, the project plans shall demonstrate that the
restroom access shall provide clearances for accessibility (Ch.11 B).
57. The restaurant shall provide accessible access/seating to all functional areas.
58. Kitchen exhaust fans shall be installed/maintained in accordance with the California
Mechanical Code. A permit from the South Coast Air Quality Management District
shall be obtained for the control of smoke and odor.
59. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
Public Works Conditions
60. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
05-26-2016
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Attachment No. PC 2
Draft Resolution for Denial
31
V�
QP
�P
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, DENYING
CONDITIONAL USE PERMIT NO. UP2016-027 FOR A FOOD
SERVICE, EATING AND DRINKING ESTABLISHMENT WITH
LATE HOURS, A TYPE 41 ALCOHOL LICENSE, AND
OUTDOOR DINING PATIO LOCATED AT 3408 VIA OPORTO,
SUITES 102 AND 103 (PA2016-102)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric Paine representing Lido Bottle Works, LLC, with respect
to property located at 3408 Via Oporto, Suites 102 and 103, and legally described as
Parcel 1 of Parcel Map No. 59-17 (Resubdivision No. 416), consisting of Lots 16 through
21 in Tract 907, as shown on a map recorded in Book 47 Pages 39, of Miscellaneous
Maps, records of Orange County, California. The applicant requests approval of a
conditional use permit.
2. The applicant proposes a conditional use permit to allow a restaurant, Lido Bottle
Works, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage
Control (ABC) license, and an outdoor dining patio. As requested, the floor plan
includes a 49-square-foot walk-in refrigeration unit to facilitate off-sale beer and wine
sales.
3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on September 1, 2016, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1 . Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
SS
Planning Commission Resolution No. ####
Page 2 of 3
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (Findings and Decision) and Section 20.48.030
(Alcohol Sales) of the Zoning Code, eating and drinking establishments classified as "Food
Service, Late Hours" located within the MU-W2 (Mixed-Use Water Related) Zoning District
require the approval of a conditional use permit. The Planning Commission may approve a
use permit only after making each of the five required findings set forth in Section
20.52.020.F. In this case, the Planning Commission was unable to make the required findings
based upon the following:
1. The Planning Commission determined, in this case, that the proposed use permit for
the food service, late hours use is inconsistent with the legislative intent of Title 20 of
the NBMC.
2. The proposed alcohol license would lead to a proliferation of alcohol licenses in an
area that is already over-concentrated with alcohol licenses.
3. The design, location, size, and operating characteristics of the use are not compatible
with the allowed uses in the vicinity.
4. The site is not physically suitable in terms of design, location, shape, size, operating
characteristics. The property does not provide on-site parking to accommodate the
proposed use. The Planning Commission does not consider the existing structure on
the subject property a unique circumstance resulting in any necessity to warrant
approval for a reduction in the off-site parking requirement through the approval of a
parking management program.
5. The proposed eating and drinking establishment is neither required by code nor
necessary for the enjoyment of the property. If desired, and as shown through
previously approved building permits, the subject property can be utilized to comply
with the requirements of the NBMC and be used for general commercial or retail uses.
6. The subject property is consistent in orientation, size and shape with typical lots in this
neighborhood which are designed with commercial and mixed-use development.
Although, the existing structure is currently developed with infrastructure for an eating
and drinking establishment, less parking than what the Zoning Code provides for could
prove detrimental to Lido Marina Village. Parking is already deficient in this district.
Operation of the use at the location proposed would be detrimental to the harmonious
and orderly growth of the City.
7. Granting of the use permit would provide special privileges to the subject property as
the City has required the minimum parking provided by the Zoning Code in similar
circumstances with nonconforming commercial uses.
05-26-2016
34
Planning Commission Resolution No. ####
Page 3 of 3
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2016-027 (PA2016-102), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in
accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach
Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 1ST DAY OF SEPTEMBER, 2016.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
05-26-2016
S5
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3C
Attachment No. PC 3
Alternative Conditions for Retail Alcohol
Sales
37
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3g
ALTERNATIVE OFF-SALE ALCOHOL CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Should the off-sales use be approved, the Police Department and Planning Division
staff suggest the below conditions be imposed in order to mitigate potential public safety
problems and work towards eliminating the potential liquor store concern:
Police Department Conditions
1. There shall be no retail display or "walk-in/reach-in-cooler"directly accessible to
the public on premises.
2. There shall be no exterior signs advertising off-sales of alcohol.
3. There shall be no off-sales of alcohol permitted after 8:00 p.m., daily.
4. Off-sale retail alcohol sales shall consist of bottles only. Retail sales of growlers
or kegs (64 oz. or more) shall not be permitted.
5. The walk-in/reach-in cooler area shall be limited to 50 square feet in area.
39
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Attachment No. PC 4
Site Photos
41
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Via Oporto and Secret Alley Intersection in Lido Marina Village Facade improvements at waterfront properties along Via Oporto
i
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11 Fagade improvements at waterfront properties along Via Oporto
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Tenant frontage along Newport Bay
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Attachment No. PC 5
Applicant's Project Description
45
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RAND KRUSE
ARCHITECTURE AND INTERIORS
3412 Via Lida Newport Beach California 92653 T:949 500 9416
PROJECT DESCRIPTION FOR LIDO BOTTLE WORKS (revised 7-25-16)
Project Address: 3408 Via Oporto, Suite 103, Newport Beach, CA 92663
The proposed project consists of the tenant improvement of an existing 11t floor suite in an existing 2
story commercial building, into a boutique restaurant.
Lido Bottle Works will be a boutique restaurant owned by Newport Beach natives opening at Lido
Marina Village and offering a wide array of food as part of a full menu of California coastal cuisine
along with offerings of carefully curated non-alcoholic beverages, small batch wine and craft beer.
The food will be focused on locally sourced and seasonal ingredients to provide an exceptional yet
casual waterfront dining experience. There will be an emphasis on pairing of wine/beer with each of
the individual food items as well as a chef's tasting menu which will allow for a multi-course sampling
of the menus highlights. The interior furnishings will include a modern nautical inspired theme with
warm wood finishes. There will be a full service kitchen as well as a small retail section of the store
with unique wine and beer selections. This bottle shop portion of the space will allow for unopened
wine and beer to be sold along with food to go. No brewing or food processing is proposed.
The proposed project will add to the existing/approved mix of restaurants in the Lido Marina Village
development, by adding a casual dining experience with innovative offerings that are rooted in local
artisanal production.
Site Information
Proposed CUP Tabulations:
1,234 sq. ft. (indoor seating)
324 sq. ft. (outdoor seating)
TOTAL: 1,558 sq. ft.
Landscaping: Refer to approved CUP UP2014-014 (PA2014-002)
No site work improvement under Lido Bottle Work's scope of
work.
47
RAND KRUSE
ARCHITECTURE AND INTERIORS
3412 Via Lida Newport Beach California 92663 T:949 500 9416
Paving: Refer to approved CUP UP2014-014 (PA2014-002
No site work improvement under Lido Bottle Work's scope of
work.
Parking Refer to approved CUP UP2014-014 (PA2014-002
No site work improvement under Lido Bottle Work's scope of
work.
Operations, Food and Beverage
Hours of operation to serve breakfast, lunch and dinner (see attached menus):
Interior Dining: Monday — Sunday: 10am — 12am
Exterior Dining: Sunday— Wednesday: 10am — 11 pm
Exterior Dining: Thursday — Saturday: 10am — 12am
Offsite Sales: Monday — Sunday: 10am — 10pm
The restaurant will provide the following beverage items:
Soft Drinks
Coffee
Beer
Wine
Alcohol License type: 41
Food to Alcohol sales ratio: 70% Food / 30% Beer and Wine (Off-site consumption sales will
account for 5% of total beer and wine sales)
Employees per shift: 6
Seating Capacity (see attached
Furniture Plan): 40 Indoor
24 Outdoor
TOTAL: 64
42
RAND KRUSE
ARCHITECTURE AND INTERIORS
3412 Via Lida Newport Beach California 92653 T:949 500 9416
Net Public Area: 651 sq.ft. Indoor
293 sq.ft. Outdoor
Grease Interceptor: Above ground Big Dipper located in the kitchen.
Entertainment
The operator is proposing to play ambient/background amplified music
through a series of indoor and outdoor speakers.
Any outdoor speakers will positioned in a way to contain the music within the
project area.
The noise level will be maintained between 60db and the ambient noise level,
per Chapter 10.26 of the Newport Beach Municipal Code.
No dancing is proposed as part of the restaurant operations.
Sample Menu
Note: Some items will have the option of being served as a chef's tasting menu to allow
for a longer dining experience with a broader sampling of the menu offerings.
�q
RAND KRUSE
ARCHITECTURE AND INTERIORS
3412 Via Lida Newport Beach California 92663 T:949 500 9416
Lido Bottle Works
Food Menu
share
ours to yours
sweet & spicy nuts / house cured olives / house made pickles
local vegetable `crudite'
raw / grilled / local / seasonal / green goddess
hummus
edamame / roasted beet / canellini bean / pita chips
cured meats & cheeses
chef' s selection of artisan-made salumi & cheeses /
mostarda / pickles / honeycomb / crusty bread
toast
spring pea,meyer lemon,mint,pecorino / smoked dory fleet fish / iberico
ham,manchego, roasted tomato
ceviche tostada
local fish / 3 citrus / crushed avocado / chipotle aioli
hudson valley foie gras
5 spice / ginger-plum sauce / steamed bao / ginger snaps / scallions
deviled eggs
ricotta whipped yolk / benton' s smokey mountain ham /
pickled black mustard seeds
ostra
kusshi oyster,b. c. / pacific yellowfin / kaffir lime / nam jim / fried
shallots / thai bird chili
crudo
today' s local fish / charred padron peppers / baja rock crab / avocado
mousse / cold pressed olive oil
salad
market greens
future foods farm' s mixed lettuces / breakfast radish /
herb vinaigrette
super food caesar
black kale / brussels sprouts / roasted yam / medjool dates / macron
almonds / red quinca / reggiano / crouton
sandwich
(served on o . c. baking co . roll with petite market greens)
tallegic / roasted d' anjou pear / thyme
50
RAND KRUSE
ARCHITECTURE AND INTERIORS
3412 Via Lida Newport Beach California 92663 T:949 500 9416
oil cured pacific albacore / vella jack / black tomato /
crushed avocado / lemon aioli
coca flatbread
la quercia guanciale / leeks / cream / pecorino romano /
organic hen' s egg
main
bottle works burger
secret recipe house-ground beef patty / tallegio /
bacon-tomato marmalade / sesame-brioche bun / fries
pan roasted local fish
vine-roasted tomatoes / weiser farm' s pee wee potatoes /
fennel & meyer lemon chimichurri
meat 6 spuds
grilled hanger steak / long branch fries / herb butter /
market greens
vegan pad thai
summer squash `noodles' / tofu / tamarind-thai basil pesto /
crushed peanuts
sweet
banana bread pudding
black strap rum caramel / vanilla bean gelato
no' reos
rosemary shortbread cookies / bellwether farm' s crescenza /
backyard bees honey
stout float
stone coffee milk stout / vanilla bean gelato /
valrhona chocolate syrup
hand pie
local seasonal fruit / buttermilk pastry crust
chocolate-espresso pot de creme
cacao nibs / chantilly cream / chocolate covered espresso beans
151
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Attachment No. PC 6
Planning Commission Resolution No.
1966
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�aEµ'Popr COMMUNITY DEVELOPMENT DEPARTMENT
04 �� PLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768, Newport Beach, CA 92658-8915
o Z (949)644-3200 Fax: (949) 644-3229
�qLIFORsx ,r www.newportbeachca.gov
N
VIA EMAIL
January 29, 2015
Lido Group Retail, LLC
Attn: Ron Lorntzen
3700 Newport Boulevard, 100
Newport Beach, CA 92663
Subject: Conditional Use Permit No. UP2014-014 (PA2014-002)
3600-3700 Newport Boulevard, 3400-3444 Via Lido,
and 3400-3505 Via Oporto
Lido Marina Village
Dear Mr. Lorntzen,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Planning Commission on
December 18, 2014 and effective on January 2, 2015. A copy of the approved
resolution with findings and conditions is attached. If you have any questions,
please do not hesitate to contact me directly. Thank you and I look forward to
working with you again in the future.
Should you have any questions, please contact our office at (949) 644-3200 or you
may contact me directly at (949) 644-3249, mnova@newportbeachca.gov.
Sincerely,
o^----moi
Ma ana Vova
Assistant Planner
JWC/mkn
Tmplt:-10/10/14
RESOLUTION NO. 1966
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-
014 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING
REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE
(PA2014-002)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lido Group Retail, LLC, with respect to Lido Marina Village
located at 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and
3431-3505 Via Oporto requesting approval of a conditional use permit for a parking
reduction, parking management plan, and off-site parking. The properties are legally
described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots
1112 through 1125 of Tract 907.
2. The applicant requests a conditional use permit for a reduction in on-site parking
requirements in conjunction with the renovation of uses within a shopping area known
as Lido Marina Village. The requested reduction in on-site parking requirements is
based upon anticipated parking demand over time taking into account the various uses
at the site. The proposal also includes a parking management plan (PMP) pursuant to
Section 20.40.110 (Adjustments to Off-Street Parking Requirements) and off-site
parking pursuant to Section 20.40.100 (Off-Site Parking).
3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone and the Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. Use Permit No. UP1636 was approved in 1972 and authorized the construction of a
public parking garage that exceeds the basic height limit within the 26/35 foot height
limitation zone, and the acceptance of an Environmental Impact Report (EIR/NB 72-020).
6. A Parking Demand Analysis dated November 14, 2014, was prepared by Linscott, Law,
& Greenspan, on behalf of the applicant, to determine the specific parking needs of the
center.
7. A public hearing was held on December 4, 2014, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. 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. The Planning Commission voted to continue the item to the December 18,
2014, meeting.
Planning Commission Resolution No. 1966
Page 2
8. A public hearing was held on December 18, 2014, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. The meeting was continued to a date certain from the
December 4, 2014, Planning Commission meeting. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The proposed project is a parking reduction and PMP associated with the renovation
and re-occupancy of an existing 112,029 square feet commercial area (Lido Marina
Village). Interior and exterior changes to the existing commercial buildings are largely
cosmetic, necessary repair and maintenance, or seismic upgrades. The gross floor
area will not be increased and a maximum of 430 square feet of existing commercial
floor area will be converted from retail uses to restaurant uses and approximately
3,127 square feet of additional outdoor dining areas will be located adjacent to existing
commercial buildings. With the implementation of the proposed PMP, parking
necessary to meet actual parking demand will be provided by a combination of on-site
parking and off-site parking consistent with Section 20.40.100 (Off-Site Parking).
2. The project is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15303 (New Construction or Conversion of Small
Structures). This Section exempts the construction and location of limited numbers of
new, small facilities or structures (up to 10,000 square feet in area) and the conversion
of existing small structures from one use to another where only minor modifications
are made to the interior or exterior of the structure. Additionally, the proposed project
is exempt from pursuant to Section 15301 (Existing Facilities). This section exempts
interior and exterior alterations and small additions to existing structures when the
changes involve a negligible or no expansion of existing uses.
SECTION 3. FINDINGS.
The existing parking structure was constructed pursuant to Use Permit No. UP1636 (as
approved on December 14, 1972). The parking structure is in substantial conformance with
UP1636 and requires no amendment. The request to modify parking is considered a substantial
change where this Conditional Use Permit shall supersede UP1636.
In accordance with Section 20.40.110.6.1 (Reduction in Off-Street Parking) of the Newport
Beach Municipal Code), the following conditions are set forth for the parking reduction and PMP:
Finding:
A. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of
spaces or that other parking is available (e.g., City parking lot located nearby, on-
street parking available, greater than normal walk in trade, mixed-use development).
Planning Commission Resolution No. 1966
Page 3
Facts in Support of Finding:
1. A Parking Demand Analysis dated November 14, 2014, prepared by Linscott, Law, &
Greenspan, concluded that parking demand for the renovated Lido Marina Village can
be accommodated within a combination of private and public spaces in the immediate
area for most of the planned uses. The Parking Demand Analysis includes two partial
occupancy scenarios referred to therein as Scenario A and Scenario B (attached as
Exhibits C and D to this resolution) where only portions of the vacant spaces in Lido
Marina Village could be leased and occupied and parking demand would be observed
to see if additional parking intensive uses could be accommodated given limited
parking resources within Lido Marina Village. If not, the applicant will be required to
secure off-site parking, consistent with Section 20.40.100 (Off-Site Parking) of the
Zoning Code in order to be allowed to occupy further building area.
2. Parking within Lido Marina Village includes a multi-level parking structure, parking
within Central Avenue, Via Oporto (planned), and along the north side of Via Lido. All
of these spaces are within a convenient distance to the uses they serve. The most
remote spaces are located within 650 feet of the most remote uses; however the
majority of the spaces are located within the parking structure and are located within
300 feet of uses.
3. The parking demand analysis is reliant upon modifications to the pedestrian and
parking areas within the Central Avenue and Via Oporto rights-of-way. The parking
demand analysis, proposed right-of way improvements, modifications to the Lido
Marina Village parking structure, and proposed valet operations plan have been
reviewed and found convenient, safe and effective by the City Traffic Engineer.
Finding:
B. A parking management plan (PMP) shall be prepared in compliance with subsection
(C) of this section (Parking Management Plan).
Facts in Support of Finding:
1. The applicant has provided a PMP dated November 13, 2014, and prepared by LAZ
Parking. The PMP provides a comprehensive strategy to manage the existing parking
structure in Lido Marina Village including: valet operations, improvements to facilitate
increased mobility for bicycles, pedestrians, & boats, the provision for future off-site
parking when parking demand exceeds on-site supply, and limits on uses which
generate higher parking demand. The Parking Demand Analysis includes two partial
occupancy scenarios where only portions of the vacant spaces in Lido Marina Village
would be leased and occupied and parking demand would be observed to see if
additional parking intensive uses could be accommodated given the limited parking
resources within Lido Marina Village. If not, the applicant will be required to secure off-
site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code.
5�'
Planning Commission Resolution No. 1966
Page 4
In accordance with Section 20.40.100 (Off-Site Parking) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
C. The parking facility is located within a convenient distance to the use it is intended to
serve. On-street parking is not being counted towards meeting parking requirement.
Facts in Support of Finding:
1. The Planning Commission shall review any proposed off-site parking locations to
ensure that they are located a convenient distance from Lido Marina Village. If the
distance necessitates it, a shuttle service will be provided for employees or patrons.
2. Fifty four (54) public and municipal metered spaces are available within Lido Marina
Village with the planned improvements within the Central Avenue and Via Oporto
public rights-of-way. These spaces do not contribute to satisfying the off-street parking
requirement for Lido Marina Village; however, these public spaces will likely be utilized
by visitors to Lido Marina Village due to proximity. The public spaces will remain
available to the public and will not be controlled by the applicant.
Finding:
D. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. The Planning Commission and City Traffic Engineer shall review any proposed off-site
parking locations to ensure that they are located and operated to avoid undue traffic
hazards or impacts to surrounding uses prior to implementation. Prior to the approval
of any off-site parking lot, notice shall be provided to residents, businesses, and
property owners within 300 feet of the proposed parking lot.
Finding:
E. The parking facility will be permanently available, marked, and maintained for the use
it is intended to serve.
Facts in Support of Finding:
1. Recorded or other binding agreements shall be provided to demonstrate that parking
will be available to serve the uses within Lido Marina Village when the project demand
requires.
59
Planning Commission Resolution No. 1966
Page 5
2. Off-site parking for marine entertainment and excursion services may be provided at
an off-site parking consistent with this Conditional Use Permit and Section 20.40.100
(Off-Site Parking) of the Zoning Code.
3. Appropriate signage shall be provided, indicating the availability of any off-site parking
provided, subject to the review of the Community Development Director.
4. Off-site parking will be provided in accordance with Section 20.40.100 (Off-Site
Parking).
In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
Finding:
F. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) land use designation applies to waterfront
properties in which marine-related uses may be intermixed with general commercial,
visitor-serving commercial and residential dwelling units on the upper floors. Although
Lido Marina Village does not include residential uses, the proposed mix of retail,
marine-related commercial, service commercial, office, and restaurant uses are
consistent with the MU-W2 (Mixed-Use Water Related) land use designation of the
General Plan.
2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of
convenient parking is available throughout the City. Analysis under the proposed
Parking Demand Analysis and Implementation of the proposed PMP will ensure that
an adequate supply of parking is provided for Lido Marina Village based upon the
shared use of parking within Lido Marina Village and future off-site parking for patrons
or employees when parking demand warrants it. Any future off-site parking must meet
the conditions of Section 20.40.100 (Off-Site Parking) of the Zoning Code to ensure
the parking is convenient and available when it is necessary while minimizing other
conflicts or nuisance to surrounding properties.
3. The project site is not located within a Specific Plan area,
Finding:
G. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
00
Planning Commission Resolution No. 1966
Page 6
Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties
in which marine-related uses may be intermixed with general commercial, visitor-
serving commercial and residential dwelling units on the upper floors. The proposed
mix of retail, marine-related commercial, service commercial, office, and restaurant
uses are permitted or conditionally permitted in the MU-W2 (Mixed-Use Water
Related) Zoning District.
2. The existing development within Lido Marina Village is nonconforming to the 0.5 Floor
Area Ratio (FAR). The proposed renovation of the existing structures will not result in
increases to the existing gross floor area and resulting FAR.
3. The proposed parking reduction and PMP are consistent with Section 20.40.110
(Adjustments to Off-Street Parking Requirements) of the Zoning Code based upon the
findings contained within this resolution and implementation of the conditions of
approval.
4. Off-site parking may be required and must be found consistent with Section 20.40.100
(Off-Site Parking) if it is required by the parking demand study for the implementation
of Occupancy Scenario A or B (provided as Exhibits C and D to this resolution).
Finding:
H. The proposed project is consistent with applicable policies of the Coastal Land Use
Plan that require public access to and along the waterfront.
Facts in Support of Finding:
1. The project will include an improved public waterfront walkway no less than 6-feet
wide, but preferably 10-feet wide across the entire project site 3400-3450 Via Lido.
Public access between Via Oporto and the waterfront walkway will be provided by a
minimum of three separate public walkways that will also be 6 feet in width.
2. The walkways will be improved and provided prior to issuance permits for outdoor
patios in the existing public easement as identified in the approved PMP.
3. All public walkways will be open to the public at all times and appropriate coastal
access signage will be provided.
Finding:
I. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity.
(01
Planning Commission Resolution No. 1966
Page 7
Facts in Support of Finding:
1. The Lido Marina Village commercial area has been operating from its current location in
Lido Village since the early 1970's and has been compatible with the commercial,
institutional, and residential uses in the Lido Village area. The site has been operating
with a significant number of vacancies for quite some time and revitalization of the area
has been a priority of the City for a number of years. As a result, the City adopted the
Lido Village Design Guidelines in 2012, to guide property owners toward making
improvements to promote revitalization and compatibility. The proposed parking
reduction and PMP will allow for the re-occupancy of Lido Marina Village with uses
consistent with the General Plan and Zoning Code in an orderly way while ensuring that
parking meets actual parking demand overtime.
2. Lido Marina Village is a developed site. The applicant is not seeking any additional
building area; however, the proposed changes in uses and the provision of exclusive
restaurant dining areas will increase required parking as identified by the Zoning Code.
Lido Marina Village will provide 368 private parking spaces and 54 public parking
spaces for visitors to the area with the implementation of the proposed PMP. The PMP
is a comprehensive parking management solution that includes additional off-site
parking consistent with the requirements of the Zoning Code, should it prove
necessary in the future as Lido Marina Village is re-occupied. As a result, the project
site, with the implementation of the PMP, is physically suitable for the proposed mix of
uses planned as parking will be supplied to meet actual parking demands.
3. This is an existing mixed-use district that is compatible with other commercial uses in
the area. The restaurant uses included within Lido Marina Village will serve visitors,
area businesses, and residents in furtherance of the City's Coastal Land Use Plan and
the Coastal Act.
4. Adequate lateral and vertical public access, consistent with Coastal Land Use Plan
policies, will be provided to Newport Bay as required by the conditions of approval.
Finding:
J. 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 facts in support of Finding F support this finding and are incorporated by
reference.
2. Emergency access to and through Lido Marina Village is currently provided from
Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants are
currently provided and proposed changes to the rights-of-way have been reviewed and
Planning Commission Resolution No. 1966
Page 8
approved by the City Traffic Engineer and Fire Department as being safe, convenient
and adequate to provide public and emergency vehicle access.
3. Lido Marina Village is presently served by public services and utilities and the overall
renovation of the site involves very limited intensification that can be accommodated
by existing public services and utilities.
4. The design of the improvements will comply with all Building, Public Works, and Fire
Codes, and any restaurant uses will be reviewed by the Orange County Health
Department.
Finding:
K. 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:
1. The facts in support of findings A through G support this finding and are incorporated by
reference.
2. The renovations to Lido Marina Village should have a positive impact on the area and
may promote further revitalization of commercial properties in the Lido Village area.
Potential restaurants within Lido Marina Village will require either a subsequent Minor
Use Permit or Conditional Use Permit or an amendment to existing permits that will
provide a public review process to ensure that the parking for said uses are consistent
with the PMP and parking demand analysis. Additionally, the process will ensure that
these uses will be compatible and not detrimental to the neighborhood or City.
3. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. 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, during business hours, if directly related to the patrons of the
district.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2014-014 (PA2014-002), subject to the conditions set forth in Exhibit
"A", which is attached hereto and incorporated by reference, to replace and supersede
Use Permit No. 1636. As a result, Use Permit No. 1636 is hereby rendered null and void.
(03
Planning Commission Resolution No. 1966
Page 9
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in
accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach
Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF DECEMBER, 2014.
AYES:BROWN, HILLGREN, KOETTING, LAWLER, MYERS AND TUCKER
NOES:
ABSTAIN:
ABSENT: KRAMERR
BY: = 2:-
Larry Tucker, Cha�ir�maan/
BY: r (/"' v
J ye , Se retary
�4
Planning Commission Resolution No. 1966
Page 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO, UP2014-014
1. Parking at Lido Marina Village is intended to operate in an integrated manner under one
permit. Therefore, each portion of subject property shall comply with the approved
Parking Management Plan (PMP) dated November 13, 2014, prepared by LAZ Parking,
and any amendments to the PMP shall be reviewed and be approved by the Community
Development Director with notice on the Planning Commission agenda prior to expiration
of the appeal period for decisions of the Community Development Director.
2. In no case shall higher intensity land uses (e.g. restaurant and nail salon that have a
higher parking requirement than the base retail rate) exceed the maximum gross floor
area of uses identified the Land Use Summary dated November 3, 2014, attached as
Exhibit "B" to this resolution.
3. Conditional Use Permit No. UP2014-014 (PA2014-002) authorizes a parking reduction
from what would otherwise be required by the Zoning Code and establishes the
maximum intensity of uses within Lido Marina Village that may be allowed. This Use
Permit does not authorize further conditional use permits or minor use permits for any
other activity where the Zoning Code requires said permits.
4. Prior to the approval of permits for uses in excess of Occupancy Scenario A or
Occupancy Scenario B as shown in Exhibits C and D, attached, the applicant shall
submit a new Parking Demand Analysis prepared by a qualified traffic consultant or
traffic engineer that identifies expected parking demands for the remainder of
unoccupied spaces within Lido Marina Village for review and approval by the City
Traffic Engineer and Planning Commission. If the approved study does not show that
sufficient parking is available within Lido Marina Village to serve said uses, the
applicant may secure off-site parking to meet anticipated parking demands. Off-site
parking shall be reviewed and approved by the City Traffic Engineer and Planning
Commission prior to the implementation of Occupancy Scenario A or B and shall be
consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Prior to the
approval of any off-site parking lot, notice and an opportunity to comment shall be
provided to residents, businesses, and property owners within 300 feet of the
proposed parking lot. In the event that the right to use any off-street automobile
parking spaces provided for in an offsite parking agreement ceases for any reason, the
applicant shall immediately notify the Community Development Director of the loss of
such offsite parking spaces. Upon notification that the agreement for any of the
required off-site parking has terminated, one of the following shall occur within 60 days
of the date applicant was obligated to so notify the Community Development Director:
(a) Substitute parking is provided that is acceptable to the Director; (b) The size or
capacity of the use is reduced in proportion to the off-site parking spaces no longer
available; (c) The applicant submits to the Director a new or amended Off-Site Parking
Agreement, giving the applicant the use of at least the same number of parking spaces
as were originally covered by the off-site parking agreement.
�5
Planning Commission Resolution No. 1966
Page 11
5. If off-site parking is secured and made available for patron use, the applicant shall
provide appropriate signage indicating the availability and location of the off-site
parking to the satisfaction of the Community Development Director.
6. Prior to the issuance of occupancy for restaurants within Lido Marina Village, the existing
triple tandem parking spaces on fifth level of the parking structure shall be shall be
removed. The parking structure shall provide a minimum of three hundred forty five (345)
parking spaces and 13 tandem parking spaces.
7. Valet parking operations may be provided and shall be conducted consistent with the
PMP or as otherwise authorized in writing by the City Traffic Engineer. Valet parking
service shall be provided when parking demand is expected to exceed 85 percent
utilization of the parking structure.
8. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs Standards) of the
Newport Beach Municipal Code. The applicant shall install and maintain appropriate
public access signage for all public walkways. The size, location, and message of said
public access signs shall be subject to the review and approval of the Director of
Community Development.
9. 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.
10. Fair share traffic fees apply for the addition of new exclusive outdoor dining patios and
additional use intensity within Lido Marina Village. The applicant will be credited for
existing uses and the loss of any gross floor area. Fair share fees shall be applied in
accordance with the current fee schedule that is effective at the time each building permit
is issued.
11. Should the property be sold or otherwise come under different ownership or control,
any future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner, or the leasing agent.
12. A Special Event 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.
13. Conditional Use Permit No. UP2014-014 (PA2014-002) shall expire unless exercised
within 24 months from the date of approval as specified in Section 20.54.060.A (Time
Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is
otherwise granted.
Planning Commission Resolution No. 1966
Page 12
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval. The project shall comply
with all federal, state, and local laws. Material violation of any of those laws in
connection with the use may be cause for revocation of this Use Permit.
15. This Conditional Use Permit may be modified or revoked by the 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.
16. To the fullest extent permitted by law, the 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 Conditional Use Permit No. UP2014-014 (PA2014-
002), the including, but not limited to the Lido Marina Village PMP, valet parking, any
future off-site parking agreements, all non-standard or private improvements within the
public right-of-way, and encroachments within any easements or access walkways. 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.
17. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido)
shall be provided and maintained consistent with Coastal Land Use Plan policies. The
walkway shall be a minimum of 6 feet in width but preferably 10 feet wide or more.
Minor encroachments may be permitted into the existing public access easement with
the approval of a Public Works encroachment permit, provided adequate access will
be maintained. The final location, width, design of the walkway shall be reviewed and
approved by the Harbor Resources Division and Community Development Director.
Public access to the waterfront walkway shall be maintained at all times.
18. A minimum of three vertical public walkways shall be maintained between Via Oporto
and the lateral public access walkway along the waterfront, consistent with Coastal
Land Use Plan policies. The walkways shall be a minimum of 6 feet in width but
preferably wider. Minor encroachments may be permitted by the Community
Development Director provided adequate access will be maintained. The three public
walkways shall not be gated or otherwise blocked and shall be open for public access
at all times.
Planning Commission Resolution No. 1966
Page 13
a. One walkway shall be provided and maintained at 3448 Via Oporto (APN 423-123-
04).
b. The second walkway shall be provided and maintained between 3424 and 3432
Via Oporto (APN 423-123-06) where an existing public access easement is
currently located.
c. The third walkway shall be located at 3400-3420 Via Oporto (APN 423-123-07)
with the final location to be reviewed and approved by the Community
Development Director.
19. Off-site parking for marine entertainment and excursion services may be provided at
off-site parking locations with this Conditional Use Permit and Section 20.40.100 (Off-
Site Parking) of the Zoning Code.
20, For existing fire access roadways, the minimum street width shall be 20 feet, with no
parking on either side. The width shall be increased to 26 feet within 30 feet of a fire
hydrant, with no vehicle parking allowed on either side of the street. Existing
nonconforming conditions may remain until such time when the project site is
redeveloped and all nonconformities shall be removed. No new structures will be
allowed within fire access roadways without the prior review and approval of the Fire
Department.
21. Where areas of no parking are required due to access and roadway widths, "No
Parking" signs and/or red curbing will be required and must comply with Newport
Beach Fire Department Guideline C.02.
22. Valet drop-off and pick-up may be conducted in designated parking spaces along the
Via Oporto curb and shall not be conducted in fire access roadways.
23. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. 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.
24. All improvements subject to an encroachment agreement or encroachment permit
shall be constructed as required by Ordinance and the Public Works Department.
25. An encroachment permit shall be required for all work activities or development within
the public right-of-way, any public easements, on City-owned utilities or City-owned
property.
26. All non-standard or private improvements within Via Lido, Central Avenue, and Via
Oporto (between Via Lido and Central Avenue) shall be reviewed and approved by the
Public Works Department and City Council. An updated encroachment agreement and
permit shall be completed for non-standard or private improvements prior to
installation.
(o g
Planning Commission Resolution No. 1966
Page 14
27. Prior to final inspection of encroachment permits for work within Via Lido, Via Oporto,
and Central Avenue, the applicant shall remove and replace any damaged concrete
curb, gutter, sidewalk, or roadway per City Standards. Limits of repair or reconstruction
shall be determined by the Public Works Department.
28. All parking spaces shall comply with City Standard #805-L-A&B. In addition, parking
spaces and parking aisle widths within the parking structure shall comply with City
Standard #805-L-A&B.
29. All improvements shall comply with the City's sight distance requirement, City
Standard #110-L.
30. This conditional use permit supersedes Use Permit No. UP1636, except this Use Permit
continues to authorize the existence of a public parking garage that exceeds the basic
height limit up to 35 feet in height.
�9
Lido Marina Vilage Floor Area Summary
11/3/2014
Use Existing Demo Addition New Rate Parking GFA%Total Net change
Retail 36598 to takeout limited,nail salon and Market-3530-1467-12,071 9,146(from h&f,boat rentals,nail salon&restaurant) 28,676 1/250 gross 114.7 0.26 -7,922
Market 0 0 12,071 12,071 1/250 gross 48.3 0.11 12,071
Take-Out Limited 0 0 3530(from retail) 3,530 1/250 gross 14.1 0.03 3,530
Office 30,217 0 0 30,217 1/250 net 120.9 0.27 0
Restaurant 23566 to retail,outdoor dining area and demo.2,626 3,056(from boat rentals&building revisions) 23,996 1/40 nee 246.7 0.21 430
Outdoor Dining3223 0 3,127 5,463 1/40 npa(-25%inpa) 74.9 0.05 2,240
Nail Salon 263 to retail-263 1,467(from retail) 1,467 1/80 gross 18.3 0.01 1,204
Health and Fitness'*' 14027 to retail-1,955 0 12,072 1/200 gross 60.4 0.11 -1955
Boat Rental and Sales 7,358 to retail and restaurant-7,358 0 0 1/350 gross 0.0 0.00 -7,358
Marina 47 -4 0 43 0.75/slip 32.3 N/A .4
TOTAL 112029 -27,120 27,120 112,029
TOTAL I ncluding Exclusive 115252 -27,120 30,247 117,492 730.5 1.00
Outdoor Dining
NETCHANGE 1 1-1085 1,085 10 0
*exclusive dining areas only,Existing nonexclusive dining 887 sq ft
**New restaurant area includes building revisions 1,085 sf
***Curl CUP to be amended
****assumes Electra boats will be parked off-site with an LTP
Parking Available
Parking Source Existing New Total
Street Parking 46 181 64
Parking Structure 362 -41 358
TOTAL 4081 141 422
Exhibit "Btr: Land Use Summary
70
1197 sf _i _ r542 St .216 sf 7_228 s1f 254
756 sf 762 sf 865 sf], 825 9f L1018 5(
• Oporto •. 2310 sl. I -
•1,. 1 1137 sf 1147 s1
:L6'377y .� - —_ ( 1� 248 1254 sf
f Gl11 a;F • • • 2244s.1 ,��, 2177�� h�5 f (— 3 ,) _
• tL L X620 SII 1626 s��. •1532 DI.
L 1� 1639x1-
_ _. ,..:�...�. _ ..:::.,. _
VIA OPORTO 3421VVa6� —
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2825 sf 2985 sf " --5.:..-� O
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SITE SUMMARY c
c 1999 s1/ , GROSS BUILDING AREA > m
RETAIL 27,135 C 2
8225 sr FOOD SERVICE 8 c
W
,075
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25750 RESTAURANT PATIO 3,253 Z n p
OFFICE 30,217 sf A
o 2892 sf m� 3418VLAUDO C NAIL SALON 1467 sf O 4p
1971 s/ r HEALTH 8 FITNESS 12,072 sf D o
s424Vuu60
les sr �0 TAKE OUT F&B 3,530 sf
e16 sr �t \0 MARKET 12,071 sf y
+� 26469 _ 11mML00 BUILDING REVISIONS
lop 1� 6413 sr (FOOD SERVICE) 1,085 sf'
�1
TOTAL BUILDING 47.193
ur
r� Scenario A-3450 Via Oporto to �.
remain vacant: �
• Restaurant to remain Represents floor area to remain -0 Z
vacant under the occupancy m p
vacant-14,836 sq. ft. m
scenario until a new parking m
• Patio to remain vacant- demand analysis is provided rn
2,210 s ft. 0 °'
q• demonstrating sufficient parking
• Retail to remain vacant- is available.
1,541 sq. ft.
�1
;T- 1138af. - __ _ rvs¢dr �•�MN•V
•• ..• 1197 sf �' / -.. � 2289' r
702 sf it
-. 1825 of I t1018 I
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15 '. �'—
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1511&, _ 'C63 sf
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V� OPnRTO 3131 VUOP0R10 • .• ``1
S:i1 W10PORT0
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�� 7955 si
SITE SUMMARY O
RetailTenants
3636 •• GROSS BUILDING AREA n
C7
Boulevard 7,,16gsqft t C
1,971 sq ftq,"25 sr �: RETAIL 7,x69 D m
A 2575 sf C FOOD SERVICE 17,904 C) =
1 \.' C! RESTAURANT PATIO 2,995 C W
ssz,r s� u+evuuoo C, OFFICE 30217sfl n O -13
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NAIL SALON 1467 sf Zm
D
3424 M DO
/ "/ ✓ 785 sf QO HEALTH&FITNESS 12,072 sf0 cc
r
TAKE OUT F&B 3530 sf, W o
j. 59+t �; 34M MUDO ® MARKET 12,071- MARKET sfs �
OG \c BUILDING REVISIONS
(FOOD SERVICE)
1'085sF1
✓ -
9 ` TOTAL BUILDING 3
INCD89o) 85.515 �u
1 w i 3WVAUDO CD
M Represents floor area to remain o
Scenario B: vacant under the occupancy E
• Restaurant to remain scenario until a new parking 3
vacant-5,007 sq. ft. demand analysis is provided -0 Z
• Patio to remain vacant- demonstrating sufficient parking m
1,574 sq ft is available.
• Retail to remain vacant-
7,169 sq.ft.
Attachment No. PC 7
Police Reporting Districts Map
:51-3
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Reporting Districts
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Newport Beach Police Department
Effective Jan 1,2008
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Attachment No. PC 8
Police Department Crime and Alcohol-
Related Statistics
77
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Oe NEWPORT BEACH POLICE DEPARTMENT �"We°RT
oQ m�
Chief ion T.Lewis 870 Santa Barbara Drive - Newport Beach - CA 92660 - 949.644.3791
2015 CRIME AND ALCOHOL-RELATED STATISTICS
Calls For Crimes Arrests Citations ABC Info
W:I Crimes '"'
M&JMjbWGrirne Rate All Arrests DUI Public Liquor Law Alcohol Active License Pe
Intoxication Related Licenses Capita
3408 Via Oporto 1 0 0 not applicable 0 0 0 0 0 notapplicable
Subject RD: 9,734 175 589 6,267.91 625 89 252 9 404 73 38
RD15
Adjacent RD: 4,375 67 169 4,063.07 17 48 4 148 6 275
RD13
Adjacent RD: 4,250 102 156 4,311.07 159 14 58 3 275 6 394
RD16
Adjacent RD: 3,961 97 146 3,453.19 127 19 10 36 78
RD25
Newport Beach 102,056 2,339 3,841 2,739.65 3,523 449 666 28 1,185 438 194
California not amiable 1,100,901 not available 2,955.13 1,217,089 155,28589,901 1'5,673` nbtavditdtile 97,653 381
National not available 9,443,212 not available 3,052.79 11,205,833 1,117,852 414,854 321,125 not available not applicable not applicable
Summary for Lido Bottle Works at 3408 Via Oporto (RD15)
In 2015, RD15 had a total of 764 reported crimes,compared to a city-wide reporting district average of 163 reported crimes.
This reporting district is 601 crimes,or 369%x,OVER the city-wide average.
The number of active ABC licenses in this RD is 73,which equals a per capita ratio of one license for every 38 residents.
Orange County averages one license for every 505 residents and California averages one license for every 381 residents.
This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses.
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape, Robbery,Aggravated Assault Burglary,Larceny-Theft,Auto Theft,and Arson.
This report reflects City of Newport Beach raw crime data for 2015,through December 31,before unfounded crimes are removed.
California and National crime figures are based on the 2014 Uniform Crime Report which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 0110712016.
All Population figures taken from the 2010 US Census. 7/7/2016
Additional Information
Highest Volume Crime in Calls for Service
RD15 at 3408 Via Oporto
Simple Assault 911 CALL FROM CELL PHONE 1
Highest Volume Crime in
RD13
Bike Theft
Highest Volume Crime in
RD16
Burglary/Theft From Auto
Highest Volume Crime in
RD25
Burglary/Theft From Auto
20
Attachment No. PC 9
Police Department Memorandum
21
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NEWPORT BEACH POLICE DEPARTMENT
' DETECTIVE DIVISION
BEACH
43
MEMORANDUM
TO: Makana Nova, Associate Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: August 23, 2016
SUBJECT: Lido Bottle Works
3408 Via Oporto
Use Permit No. 2016-027 (PA2016-102)
At your request, the Police Department has reviewed the project application for Lido Bottle
Works located at 3408 Via Oporto, Newport Beach. Per the project description, the applicant is
seeking a Conditional Use Permit to allow a food service restaurant with late hours, a Type 41
(on-sale beer and wine) Alcoholic Beverage Control License and an outdoor dining patio. The
restaurant is 644 square feet of interior public area with 40 seats, and 293 square feet of
outdoor patio area with 24 seats. The applicant is also seeking an off-sale component which
will allow for sales of beer from a cooler in the rear of the store.
The proposed hours of operation are as follows:
• Interior Dining: 10:00 a.m. through 12:00 midnight, daily
• Exterior Dining: 10:00 a.m. through 12:00 midnight, Thursday through Saturday, and
10:00 a.m. through 11:00 p.m., Sunday through Wednesday
• Off-Sale Retail Sales: 10am-10pm, Mon-Sun
An Operator License will be required for this establishment.
Statistical Data and Public Convenience or Necessity
Business and Professions Code §23958.4 finds "undue concentration" for an applicant
premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as
compared to the city wide average, and an over saturation of alcohol licenses in a census tract
compared to the county. When undue concentration is found to exist, a judgment on Public
Convenience or Necessity (PCN) is required. However, there is no definitive or uniform
guideline defining the application of PCN. While the final determination of PCN for a Type 41
license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local
authorities to address PCN in the Conditional Use Permit (CUP) process.
g3
Lido Bottle Works
UP2016-027
Crime Statistics
Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst
Caroline Staub, which provides detailed statistical information related to calls for service in and
around the applicant's current place of business at 3408 Via Oporto.
The Police Department divides the City into areas referred to as Reporting Districts. This
allows the Police Department to create statistical data, as well as better communicate officer
locations while policing. The proposed applicant location is within Reporting District (RD) 15
which stretches from 37th Street to 20th Street. RD 15 is our highest crime area in Newport
Beach with significant quality-of-life concerns for the residents, as well as the Police
Department. This location meets the legal criteria for undue concentration (B&P§23958.4).
• In 2015, RD 15 had a total of 764 reported crimes
• In 2015, RD 15 was 369% over the city-wide average of reported crime
• In 2015, RD 15 had 625 arrests
• In 2015, 56% of arrests in RD 15 were directly related to alcohol
Alcohol License Statistics
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 6,342 residents with 74 on-sale licenses. That is a per capita ratio of
1 license for every 627 residents. Per the Business and Professions code, we compare this per
capita ratio to Orange County's on-sale per capita ratio of 1 license for every 737 residents.
This location meets the legal criteria for undue concentration (B&P§23958.4).
To put alcohol license data in more relatable terms speaking about RD 15 only:
• RD 15 has 70 on-sale ABC licenses
• RD 15 has 3 off-sale ABC licenses
• RD 15's total per capita ratio of on-sale licenses is 1 license for every 40 residents
• RD 15's total per capita ratio of all retail licenses is 1 license for every 38 residents
• Orange County's per capita ratio of retail licenses is 1 license for every 381 residents
• RD 15 is significantly over saturated
Discussion and Recommendations
The above statistical information is provided for educational reference and perspective. This
applicant location was previously allowed to operate as a restaurant with alcohol sales, and the
Police Department has no objections to that use remaining under Lido Bottle Works with a
closing hour of 12:00 midnight.
The Police Department does have a strong objection to the off-sales component of the
application. Reporting District 15 already has 3 options to purchase alcohol to-go: Sportsman
Liquor, Pavilions, and Henry's. In addition, A Market is in very close proximity at Coast
Highway and Newport Boulevard. We believe the off-sales use in the proposed plan shares the
same characteristics of a liquor store. Given the oversaturation of alcohol in this area coupled
with the high crime, the Police Department believes allowing off-sales of alcohol to be
2
24
Lido Bottle Works
U P2016-027
irresponsible for public safety as off-sale purchases made at a restaurant on the peninsula
have a high likelihood of being consumed on the peninsula, furthering potential alcohol
problems and possible contacts with law enforcement because of this alcohol. Furthermore, it
is incumbent upon us to evaluate the use rather than the tenant, and in doing so, we are
obligated to consider all potential options should Lido Bottle Works leave the location and a
new tenant assume the space.
Should the off-sales use be approved, the Police Department requests the below conditions be
imposed in order to mitigate potential public safety problems and work towards eliminating the
potential liquor store concern. We believe the applicant can achieve the off-sales benefit they
are seeking with a menu board, eliminating the convenience store atmosphere of a customer
accessible "reach in" cooler.
1. There shall be no "reach in cooler" accessible to the public on premises.
2. There shall be no exterior signs advertising off-sales of alcohol.
3. There shall be no off-sales of alcohol permitted after 8:00 p.m. daily.
Per the municipal code, should the Conditional Use Permit be amended, an Operator License
will be required because of the later closing hour after 11:00 p.m. A security plan has been
provided by the applicant and will serve as an addendum to the License.
RECOMMENDED CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for the
business:
1. The hours of operation shall be limited to 10:00 a.m. to 12:00 midnight daily.
2. 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.
3. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
4. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
5. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
3
25
Lido Bottle Works
U P2016-027
6. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of
drinks.
7. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
8. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
10. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
11. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
12. Strict adherence to maximum occupancy limit is required.
13. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
14. VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale
of drinks is prohibited (excluding charges for prix fixe meals
15. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
4
RG
Lido Bottle Works
UP2016-027
If you have any questions as to the content of this memorandum, please contact Investigator
F
949)644-3705 or wjoe@nbpd.org.
Police Civilian Investigator, Special Investigations Unit
Qd'
Brad Miller
Sergeant, Special Investigations Unit
Jay Short
Lieutenant, Detective Division
5
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Attachment No. PC 10
Lido Bottle Works Security Plan
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Lido Bottle Works Security Plan
3408 Via Oporto, Suite 103
Newport Beach, CA 92663
1,558 sq. ft. Indoor & Outdoor Seating
Boutique Restaurant
91
Introduction
Lido Bottle Works (LBW) is committed to the safety of its guests, surrounding Lido
Marina Village tenants and the community of Newport Beach. LBW will provide a safe
and enjoyable environment as we value the patrons that drive our business. The initial
factor in implementing our safety policy will be the strict compliance to all applicable
federal, state and local policies and procedures from all of the staff at LBW. During the
hiring process and training, all staff will be made familiar with California Penal Code
Section 415 and more specifically, Newport Beach Ordinance Section 10.66.010, the
unruly patron ordinance. This understanding and familiarity with the safety procedures
LBW will have in place will ensure an environment all visitors can enjoy.
Security Cameras
Video cameras will be mounted on all sides of the exterior of the LBW premises. Digital
Video will be made available upon request of the Newport Beach Police Department.
LBW management shall regularly patrol the immediate exterior of the building at least
every half hour to ensure there is no loitering or safety hazards to visitors. Cameras will
also be mounted inside for safety reasons and continued monitoring.
Unruly Patrons
When a patron acts in a matter that is profane, indecent, abusive, violent or otherwise
disorderly, LBW will assist and encourage this person or persons to leave the premises
of LBW and Lido Marina Village (LMV) immediately. This will be done in a calm, non-
physical manner. We will encourage a diplomatic resolution with the goal of escorting
the person or persons off of the property in a timely and orderly fashion. If this person
or persons do not willingly leave the premises, LBW will immediately contact the LMV
MPP Security Services for further assistance. There will be two MPP Security Officers
present during all hours of operation of LBW. If MPP Security requires additional
assistance, the Newport Beach police department will be called to invoke the provisions
of the Unruly Patron Ordinance.
Intoxicated Guests
LBW staff may not sell, dispense, or furnish alcohol to any person who is under the
influence of alcohol or drugs. Any person already under the influence of drugs or
alcohol will not be permitted on the premises. All LBW staff will be familiar with the
signs of intoxication that include, but not limited to: slurred speech,falling over or
staggering, overly aggressive behavior, strong odor of alcohol on their breath, or blood
shot eyes. When a customer has been "cut off," management and staff will be
immediately notified and will be supportive in the decision to stop serving the customer.
LBW will attempt to persuade the customer not to drive (if applicable) and will
92
encourage and arrange a safe departure by walking the customer to an Uber or taxi on
the nearest street. If the customer is adamant about driving, LBW will notify the
Newport Beach Police Department with a physical description and vehicle description if
possible.
Checking Identification
LBW staff will understand exactly what a "Bonafide ID" must contain. The ID must be
issued by a government agency, have the name of the person presenting it, date of
birth, physical description, photograph and not be expired. Both domestic and
International ID books will be available for reference. Staff furnishing alcohol must
always ask "Are you over 21?" Anyone that appears to be under the age of 30 will be
required to present an ID. If the ID appears to be questionable, a second form of ID
must be presented. All LBW staff are encouraged to use the Feel-Look-Ask-Give back (F-
L-A-G) system to determine the person's identity and validity of ID presented. If an
employee suspects and ID is false or may not be the right person, the ID will be turned
over to management whom will then present it to the police. Any customer that cannot
produce an adequate ID will be refused alcohol service. Separate types of glassware will
be used to serve alcoholic drinks from non-alcoholic drinks.
Physical Disturbances, Fights, Circumstances in which Police will be called
Police will be contacted any time LBW management or staff has information to believe a
crime has been committed or is about to be committed both on premise and in the
surrounding area of LMV. Management and staff will ask anyone who intends to fight
or is fighting to leave the premises immediately and ask the MPP Security for further
assistance and call the Newport Beach Police Department for further assistance. Any
person or persons that continue to be repeat offenders will be permanently banned
from LBW and denied access.
Dress Code
All patrons visiting LBW must adhere to a dress code. This is important because when
patrons are dressed properly, they care about themselves and will have more care for
other customers and the establishment they are in.
-Shirt and shoes must be worn at all times
-No excessively baggy attire
-No muscle/gym type attire
-No ribbed cotton tank tops/undershirts
-No bare feet
-No sports jerseys
-No bandanas
-No skateboards, rollerblades or skates
93
-All backpacks and purses subject to search
Trash, Patio and Front Area Maintenance
LBW is committed to keeping the area both in and around the premises clean and
hazard free. Sweeps will be made prior to opening and closing and periodically
throughout operating hours. All trash around the perimeter of the building and planters
will be removed in a timely manner. Trash will be disposed of properly in designated
trash areas within the LMV.
LBW Employee Safety and Security Handbook—Attached
Lido Marina Village Master Security Plan -Attached
94
Employee Liquor Liability Agreement Form
As a condition of employment, I agree to the following company rules regarding the sale and distribution
of alcoholic beverages. In conjunction with ABC, LBW is requiring that every employee (server,
bartender, barista, busser)that serves alcoholic beverages to public is certified with LEAD,TIPS or
equivalent certification.
The course can be taken online at:
http://Procerteducation.com/alcohol-server-courses/4580359282 (RBS)
1. 1 have completed LBW'S formal liquor liability training program. Any questions I had regarding
the program have been fully explained to me to my satisfaction.
2. 1 will not sell beer, ale,wine or liquor to any person that is not of legal drinking age at the time
of the sale.
3. 1 will not sell any beer, ale,wine or liquor to any person who appears intoxicated or is acting
disorderly.
4. 1 understand the state, county and city laws regarding the legal hours of the day during which I
may sell beer, ale, wine or liquor to a customer. I will not sell or serve beer, ale, wine or liquor to
anyone during the restricted hours.
5. 1 will not purchase any beer, ale,wine or liquor from my employer for the use or benefit of any
underage person or any intoxicated person.
6. 1 understand LBW will only accept certain forms of personal identification as outlined in my
training program, and I will accept no other form of I.D. from anyone purchasing beer, ale, wine
or liquor.
7. If any customer does not clearly appear to be at least 30 years old, I will request acceptable
identification and verify that the customer is of legal age before making the sale.
8. 1 understand that if I do make an illegal sale of beer, ale, wine or liquor, I may be personally
arrested and charged with a criminal offense. If I am found guilty I could be fined,jailed or both.
I understand I am personally responsible for my attorney fees as well as paying any assessed
fines.
9. 1 understand that any infraction of LBW'S rules concerning the sale of beer, ale, wine or liquor
could result in automatic termination.
10. 1 understand that my activities will be monitored by LBW as well as by state and local law
enforcement investigators.
I have read, understand and agree to comply with the liquor liability policy rules as stated above.
Employee Signature Date
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Attachment No. PC 11
Lido Marina Village Security Plan
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NEWPORT BEACH , CA I EST. 1971
UDO M
VILLAGE
Lido Marina Village Security Plan
3424 Via Oporto, Newport Beach, California 91663
112,029 sq.ft. of Boutique Retail,
Restaurant, Creative Office, and 47-Slip Marina
99
INTRODUCTION:
Lido Group Retail, LLC("Lido Marina Village") understands the importance of being proactive and partnering with the
City of Newport Beach in order to create a successful shopping center environment that not only protects the owner's
physical asset, but assists the Newport Beach Police Department as well as protects LMV tenants,guests and the
community of Newport Beach.To that end, and pursuant to the City's request, Lido Marina Village has created a
comprehensive Security Plan for City review.
Lido Marina Village employs MPP Security Services as its contracted security service. The agency employs Security
Officers who have the appropriate state training and licensing as well as current Guard Cards.
SECURITY PERSONNEL: NUMBER OF OFFICERS:
Officers patrol the entire Lido Marina Village project.This includes the street of Via Oporto in front of buildings 3400-
3450,the boardwalk where these buildings face the water, restrooms at the 3412/3416&3242/3432, elevators in the
village,the 3700 building,the parking lot in front of the 3700 building, the parking lot between 3636 and 3700,the alley
way, parking structure and restrooms, and trash enclosures.
The following will be the Shift Schedule:
Number of Officers: 2 Shift Hours:4pm-12am
Number of Officers: 2 Shift Hours: 12am-7am
The first shift of two (2) officers not only handle the routine foot patrol duties for the property but also ensure that
Electra guests follow the correct path of travel to and from the Electra boats in a safe manner. Once Electra boat guests
come back from their cruise,they will be monitored to make sure they arrive back to their vehicles safely.
The second shift of two (2) officers will walk the property from 12pm to 7am. In addition to their regular foot patrol
duties, this shift will ensure that there are no trespassers and/or homeless sleeping in the elevators or restrooms
throughout the project and that no uninvited guests remain in the parking structure or the property overnight. They will
also assist in obtaining rides for intoxicated patrons and will notify the Newport Beach Police Department should the
intoxicated patron refuse their assistance and leave the property in an impaired state.
UTLTIZATION OF OFFICERS:
Retail/Office Patrol: Officers are to patrol the retail shops,office upstairs, and restrooms in the village section of the
property. While patrolling they are instructed to observe and report on any buildings for vandalism, damage, and
suspicious odors.They are to report any type of this activity immediately to the Lido Marina Management and LMV
Engineer.They also monitor and report on all other assigned vendors arriving and leaving the property such as janitorial,
awning, sweeping, steam cleaning, and trash collection.
Retail Parking Structure Patrol: Officers are to patrol all levels of the parking structure on a regular basis.This includes
restrooms at the parking structure, elevator at the parking structure, and stairwells. If a tenant employee (who is
assigned to off-site parking) is found parking in the structure, officers are to advise Lido Marina Village Management
right away as they may not be authorized to park in the parking structure.
100
SECURITY CENTERAL DISPATCH/CAMERA LOCATION: The Security Central dispatch and monitoring room is located in
the garage adjacent to the main garage entry off of Via Lido.The parking structure will have six(6) security cameras.
These will monitor the vehicles entering and exiting the parking structure. In addition, these will monitor the public
leaving the parking structure by foot towards the village, as well as any activity at the fountain. Lastly,the cameras will
monitor the parking structure equipment for any damage and vandalism.The footage from the cameras is recorded and
can be reviewed for up to 30 days from the incident.Video will be made upon request to the Newport Beach Police
Department.
INTOXICATED GUESTS: Those that are showing signs of intoxication in the common areas of the Shopping Center will
be instructed by Security not to drive their vehicle off property and persuaded to allow the Security Officers to obtain a
ride from an outside party to their place of destination.There will be designated area on the project where Security will
stay in contact with the intoxicated party until an Ube r/Lyft/aIterative vehicle can pick them up for a ride home. If the
individual or party refuses,Security will notify the Newport Beach Police Department with a description of the individual
or individuals and the license plate of the vehicle if possible.
UNRULY/TRESSPASSERS: - Security will respond to all reports of a group or of individuals whose behavior has become
unruly and unacceptable to the security, safety, of the property, its tenants and guests. Security will first assess the
situation to determine the level of danger and then in a calm, non-physical, reasonable manner encourage a diplomatic
resolution of the matter with the goal of escorting the individual off the property. However, in the case that the individual
or individuals become a danger to themselves, other guests, tenants, or the property, the Newport Beach Police
Department will be notified.
REPORTING -The purpose of a written or oral report is to communicate the facts of an incident in a timely, concise and
accurate manner. A good written or oral report is a representation of an incident exactly as it happened. Written reports
preserve the details of the incident for future reference or court presentation. Officers should be specific and make a
clear distinction between what was stated or claimed by others and any factual evidence discovered. Reports should
include; who did what,when, where, how and when possible,why.
These reports are reviewed by the Security Director and Property Management.
• DAILY ACTIVITY REPORT/INCIDENT REPORTS: All officers must complete a daily activity report for their shift. In
addition, if there are specific incidents such as the ones below,an Incident Report will be written and delivered to
management by the end of the Officer's Shift.
• Disorderly Conduct/Disturbances/Public Intoxication
o Assaults/Batteries—Exterior Premises
o Auto Thefts/Attempted Auto Thefts
o Burglaries/Attempted Burglaries/External Theft from Motor Vehicles
o Robberies/Armed Robberies within Interior Premises
o Personal Accident—Injury Slip and Fall-Exterior Premises
o Personal Accident—Injury Not Slip and Fall—Exterior Premises
o Personal Accident- Property Damage
o Vehicle Accident—Injury
o Vehicle Accident—Property Damage
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EMERGENCY NUMBERS:
If a Tenant feels a situation is of a life threatening nature,they have been instructed to call 911. Property or non-injury
emergencies are handled by Security and Lido Marina Engineering Staff.
Non-Life Threatening Emergency Contacts
Noe Espinoza, Lido Engineer 949-514-1249
Quyen Tran, Director of Operations 714-863-9119
Dorothy Augustyniak, Property Manager 949-201-5152
Mary Vu, Assistant Property Manager 714-448-2922
Bella Terra 24/7 Security Dispatch 714-799-7537
SERVICE/DESCRIPTION TELEPHONE
Police/Fire/Ambulance 911
Police Department- Non-Emergency 949-644-3681
Fire Department—Non-Emergency 949-644-3106
Animal Control (OC Pest Control) 949-568-8700
Poison Control 800-222-1222
Utilities
Electric (SOCAL Edison) 1-800-990-7788
Gas (So. Cal) 1-800-427-2000
Water/Sewer (City Of NB) 949-644-3311
Telephone (Telepacific) 877-487-8722
Hospitals
Hoag Hospital Newport Beach
1 Hoag Drive, Newport Beach, CA(949) 764-4624
College Hospital Costa Mesa
301 Victoria St., Costa Mesa, CA(949) 642-2734
CONCLUSION:
Lido Marina Village encourages the support of the Newport Beach Police Department in assisting the Security Staff and
Management with the well-being, safety and security of the shopping center for the benefit of, its patrons,guests,
tenants, invitees,the City and the Community of Newport Beach.
102
Attachment No. PC 12
Food Service Tracking Table
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Lido Marina Village
Updated 08/23/2016
Table 1. Summary of Food Service Uses
Code
Required
Address Restaurant Tenant Code Parking Rate Parking GFA* NPA** Patio*** Use Permit Operational Notes
3450 Via Oporto Nobu 1/40 sq ft NPA+ (Patio-25%NPA)/40 188 12,603 5,150 3,656 UP2015-040(PA2015-167) Type 47, Late Hours, Live Entertainment, Outdoor Dining Patio
3440 Via Oporto Zinque 1/40 sq ft NPA+ (Patio-25%NPA)/40 46 2,379 1,364 795 UP2015-042 (PA2015-178) Type 47, Late Hours, Outdoor Dining Patio
3418 Via Lido Juice Served Here 1/50 sq ft NPA+ (Patio-25%NPA)/50 13 1,013 514 2501 UP2015-045 (PA2015-203) No Alcohol, No late Hours, Outdoor Dining Patio
3408 Via Oporto Lido Bottle Works 1/40 sq ft NPA+ (patio-25%NPA)/40 20 1,234 635 324 UP2016-027 (PA2016-102) Type 41, Late Hours, Outdoor Dining Patio
LMV TOTAL Current TOTAL 267 17,229 7,663 5,025
LMV TOTAL Max.to Trigger Parking Study 338 17,904 10,501 5,463
LMV SQ FT REMAINING 1 711 6751 2,838 438
*Total Maximum Restaurant GFA for LMV is 22,911 sq ft,total identified in the table triggers a new parking study and PC approval per the Parking Management Program
** Net Public Area Maximum is based on prior restaurant net public area research conducted and incoporated into the LMV Parking Study, exceeding this threshold will trigger a new parking study and PC approval
***Outdoor dining patio areas are calculated based on existing entitlements (2,411 square feet plus the code requirement for additional projected patio areas)
****Represents the maximum code required parking anticipated under the LMV Parking Study
Table 2. Lido Marina Village Restaurant Hours of Operation
Interior Outdoor Dining Patio
7:00 a.m. to 12:30 a.m., Sun-Thu,
Nobu Hours 7:00 a.m. to 1:00 a.m., Friday and Saturday* 7:00 a.m.to 12:00 midnight, daily
6:30 a.m. to 12:00 midnight, Mon-Thu,
Zinque 6:30 a.m. to 1:00 a.m., Friday through Sunday* 6:30 a.m.to 12:00 midnight, daily*
*The doors shall be closed to new customers one hour prior to the closing hour and last call for alcoholic beverages shall occur one half hour prior to the closing hour of the restaurant.
105
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Attachment No. PC 13
Project Plans
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PA2016-102 Attachment No. PC 13 - Project Plans
TENANT IMPROVEMENT FOR ISSUED FOR:
PERMIT
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3408 VIA OPORTO, #102- 103, NEWPORT BEACH , CA 92663 p a
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GENERAL NOTES ABBREVIATIONS PROJECT INFORMATION SHEET INDEX Z o
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1. GENERAL CONTRACTOR(G.C.)TO VERIFY AND REVIEW ALL JOB CONDITIONS, 17. GENERAL CONTRACTOR SHALL SECURE AND PAY FOR ALL REQUIRED PERMITS FROM AFF ABOVE FINISH FLOOR MOUNTED MT METAL THRESHOLD SQ SQUARE PROJECT CONSTRUCTION SHEET LA0. TITLE U z 0 0
DIMENSIONS AND DETAILS PRIOR 10 BIDDING,PRICING AND CONSTRUCTION TO BUILDING DEPARTMENT AND FORWARD COPIES TO PD&C,INC.dba RAND KRUSE. AD ACCESS DOOR FIXT FIXTURE MIN MINIMUM STD STANDARD INFORMATION: TENANT IMPROVEMENTTO A FIRST FLOOR SUITE,IN AN CONSTRUCTION TYPE: VB A,CS.1 COVER SHEET W
DETERMINE WHICH NOTES APPLY DIRECTLYTO HIS RESPONSIBILITY.G.C.TO MAKE AP ACCESS PANEL FUR OR FL FLOOR MIR MIRROR STA STATION EXISTING 2-STORY BUILDING. FIRE SPRINKLERS: YES A,CS2 GENERAL NOTES, HEALTH DEPT, NOTES, o J M
NOTE Of AND SUBMIT IN WRITTEN FORM TO PD&C,INC.dba RAND KRUSE ANY 18. GENERAL CONTRACTOR TO PROVIDE CONSTRUCTION SCHEDULE BY THE START OF ACOUSE(ACST)ACOUSTIC FD FLOOR DRAIN MISC MISCELLANEOUS STL STEEL ADDRESS: 3408 VIA OPORTO,NEWPORT BEACH,CA 92663 FIRE ALARM: NO MPP MASTER PHASING PIAN a
DAMAGES OR DEFICIENCIES ON PREMISES AND ANY CONFLICTS AND DISCREPANCIES CONSTRUCTION AND A UST OFA LONG LEAD ITEMS BY THE END Of THE FIRST WEEK Of A/L ALTERNATE FLOUR FLORESCENT MUDG MOLDING STOR STORAGE A.P.N. 423-123-07
REGARDING DIMENSIONS,NOTES OR SPECIFICATIONS, CONSTRUCTION. A/C AIR CONDITIONING
FH FRAME MTD MOUNTING STRL STRUCTURAL SUITE: 102-103 PARKING INFORMATION A,10 SITE PLAN/ROOF PLAN
ALLUM(AU) ALLUMINUM FURG FURRING MILL MULLION SUSP SUSPENDED FLOOR: 1 COMMERCIAL PARKING PROVIDED DN-SITE:SEE MASTER PARKING PLAN, A,TI DEMO PLAN
2. ALL WORK SHOWN OR IMPLIED,UNLESS SPECIFICALLY QUESTIONED,SHALL BE 19. GENERAL CONTRACTOR TO SUBMIT IN WRITING ALL CHANGE ORDERS FOR ADDITIONAL APPD APPROVED SVM SYMMETRICAL OCCUPANCY TYPE: B A,12 FLOOR PLAN
CONSIDERED FULLY UNDERSTOOD IN ALL RESPECTS BY THE GENERAL CONTRACTOR WORK TO OWNER FOR REVIEW AND APPROVAL NO WORK IS TO PROCEED UNTIL APPROX APPROXIMATE TOTAL GROSS FLOOR AREA: 1,234 SF RESTAURANT A,1,3 ENLARGED BAR AND KITCHEN PLANS
AND WILL BE SOLELY RESPONSIBLE FOR ANY MISINTERPRETATIONS OR SIGNED PROPOSAL IS RETURNED TO G.C.UNLESS OTHEVVISE NOTED. ALL CHANGES IN ARCH ARCHITECTURAL GA GAGE OR GUAGE N NORTH TEL TELEPHONE A.2,0 REFLECTED CEILING PLAN
CONSEQUENCES THEREOF FOR ALL WORK ON DRAWINGS. THIS FIELD SHALL BE SIGNED BY THE CLIENT OR AUTHORIZED REPRESENTATIVE GALV GALVINIZED NIC NOTINCONTRACT N TELEVISION PLANNING
ASPH ASPHALT PROPERTY OWNER A,3,0 INTERIOR ELEVATIONS
AUTO AUTOMATIC GI GALVINIZED IRON LA0.(#) NUMBER TEMP TEMPERATURE EXISTING USE: MU-W2(MIXED-USE WATER RELATED)
3. DHAWINGS ARE NOT TO BE SCALED. DIMENSIONS GOVERN. LARGE SCALE DRAWINGS 20. UPON COMPLETION OF THE WORK,THE G.C.SHALL SUBMIT TO OWNER: G GAS NTS NUMBOT SCALE TER TERRAllO NAME LIDO GROUP RETAIL,LLC PROPOSED USE FOR SUITE RESTAURANT A,31 INTERIOR ELEVATIONS
GOVERN OVER SMALL SCALE DRAWINGS.CONTRACTOR SHALL VERIFY ALL CONDITIONS A. COPY OF INSPECTIONS AND FINAL SIGN-OFF. Gl GLASS TER THERMOSTAT ADDRESS: 3700 NEWPORT BLVD.,SUITE 104 A,32 INTERIOR ELEVATIONS
AND DIMENSIONS @ JOB SITE PRIOR TO START Of CONSTRUCTION. IF B. CERTIFICATE OF SUBSTANTIAL COMPLETION(AIA DOCUMENT#G704). NEWPORT BEACH,CA 92663
BOW BACK OF WALL GB GRAB BAR OFF. OFFICE THK THICK A,4,0 POWER DATA PLAN
DISCREPANCIES ARE FOUND,PD&C,INC.dba RAND KRUSE SHALL BE NOTIFIED FOR C. COPY OF PERMIT CARD. BATT INSUL BATTEN INSULATION GR GRADE OFCI OWNER FURNISHED TH THHESHOLD PHONE: 949 6731400 A,6,0 DETAILS "
CLARIFICATION. D. BUILDING DEPARTMENT APPROVED DRAWINGS. END GROUND CONTRACTOR INSTALLED TOIL TOILET TENANT
BM BEAM
E. WARRANTIES FOR SPECIFIED MATERIALS. GYP GYPSUM DC ON CENTER TPD TOILET PAPER DISPENSER LIDO BOTTLE WORKS LLC El ELECTRICAL LEGEND, NOTES, SINGLE LINE w
BD,BRD BOARD E2 ELECTRICAL SITE PLAN
4. ALL DRAWINGS AND NOTES ARE COMPLEMENTARYTO ANYWORK SHOWN OR F. RECORD/AS-BUILT DOCUMENTS, BLDG BUILDING GYP BD GYPSUM WALLBOARD DPP OPPOSITE TOC TOP OF CONCHETE ADDRESS: 3434 VIA OPORTO,STE.301 z
REFERENCED TO ON ANY ONE DRAWING SHALL BE PROVIDED AS THOUGH SHOWN ON GC GEN EHAL CONTRACTOR OR OVEHHEAD TC TOP OF CURB NEWPORT BEACH,CA 92663 E.3 ELECTRICAL POWER PIAN
ALL RELATED DRAWINGS. 21. ALL WORK SHALL COMPLY WITH THE REGULATIONS OF THE GOVERNMENTAL 0/ OVER TOS TOP OF STEEL PHONE: 949-554-3713 E.4 ELECTRICAL LIGHTING PLAN z
AUTHORITIES HAVING JURISDICTION. THE SPECIFICATIONS SHALL BE SUPPLEMENTAL gpg CABINET TS TUBULAR STEEL E.5 ELECTRICAL TITLE 24 Q
5. GENERAL CONTRACTOR SHALL COMPLY NTH ALL RULES AND REGULATIONS OF TO ALL LAWS AND CODES OF GOVERNMENTAL REGULATING BODIES RELATING TO CLG CEILING HOB HANDRAIL TW TOP OF WALL M.1 MECHANICAL LEGEND, NOTES,SINGLE LINE y
BUILDING MANAGEMENT IN ALL RESPECTS. IT IS THE G.C.RESPONSIBILITY TO OBTAIN BUILDINGS,AND ALL APPLICABLE REQUIREMENTS SPECIFIED IN THESE REGULATIONS CTR CENTER HBD HARDBOARD PR PAIR TB TOWEL BAR M2 HVAC FLOOR PLAN
SUCH REGULATIONS FROM THE BUILDING OWNER AND PROVIDE FOR REVIEW BY ALL SHALL BE FOLLOWED AS THOUGH SPECIFICALLY NOTED BY SUCH CODES AS LAWS. IT CL CENTER UNE HOW(HW) HARDWARE PNL PANEL TRANS TRANSVERSE
SUBTRADES. G.C.TO NOTIFY PD&C,INC.dba HAND KRUSE Of ANY CONFLICT BETWEEN IS THE G.C.RESPONSIBILITY TO NOTIFY PD&C,INC.dba RAND KRUSE Of ANY CC CENTER TO CENTER HDWO HARDWOOD PTO PAPER TOWEL DISPENSER TYP TYPICAL M.3 HVAC ROOF PIAN
CONSULTANTS M.4 MECHANICAL TITLE 24
REGULATIONS AND OTHER CONTRACTUAL DOCUMENTS,PRIOR TO PROCEEDING WITH CONFLICTS BETWEEN THESE DRAWINGS AND LOCAL BUILDING CODES. G.C.TO PROVIDE CFCI CONTRACTOR FURNISHED H/C HANDICAPPED PTD/R PAPER TOWEL DISPENSER& w
ANY OTHER WORK. A SEPARATE PRICE IN THE BID FOR EACH ITEM THAT REQUIRES CHANGING MODIFYING CONTRACTOR INSTALLED HD HEAD RECEPTACLE M,5 MECHANICAL TITLE 24
OR REMOVAL CT CIflCULAR TILE HUB HEADER PTR PAPER TOWEL RECEPTACLE UL UNDERWRITERS
6. ALL WORK TO BE PERFORMED IN OCCUPIED AREAS OR IN OTHER TENANT SPACES M,6,0 CAPTIVE-AIR EXHAUST HOOD AND DUCT
CIR CIRCULAR HTR HEATER PRTN PARTITION LABORATORIES MEP ENGINEER FIRE SPRINKLER ENGINEER M,6,1 CAPTIVE-AIR EXHAUST HOOD AND DUCT
SHALL BE PERFORMED ON OVERTIME,AS REQUIRED,AND BY BUILDING RULES AND 22. APPLICABLE CODES CLR CLEAR,COLOR HT(HGT) HEIGHT PERF PERFORATED UNFIN UNFINISHED WESTERN ENGINEERING SUBMITTED UNDER SEPERATE M,62 CAPTIVE-AIR EXHAUST HOOD AND DUCT
REGULATIONS. THIS PHOJECT SHALL CONFORM TO: CLO CLOSET H.P. HIGH POINT PLAST PLASTER UNIT UNLESS NOTED OTHERWISE
2013 CALIFORNIAADMINSTRATIVECODE-(PART I,TITLE 24 CCR) COL COLUMN HC HOLLOW CORE PLAS PLASTIC UR URINAL 1237 SOUTH EUCLID ST., ST[ G APPLICATION AND PERMIT, M,6,3 CAPTIVE-AIR EXHAUST HOOD AND DUCT
7. GENERAL CONTRACTORS SHALL BE RESPONSIBLE FOR COORDINATION OF ALL WORK 2013 CALIFORNIA BUILDING CODE-(PART 2,TITLE 24,CCR) CONC CONCRETE H.M. HOLLOW METAL PL PLATE ANAHEIM, CA 92802 P.1 PLUMBING LEGEND, NOTES, SINGLE LINE
REQUIRED TO MAKE ALL PARTS COME TOGETHER PROPERLY AND FIT TO RECEIVE OR BE 2013 CALIFORNIA ELECTRICAL CODE-(PART 3 TITLE 24,CCR) CONN CONSTRUCTION HMI HOLLOW METAL INSULATED PLBG PLUMBING
P20 PLUMBING FLOOR PLANS
RECEIVED BY WORK Of OTHER CONTRACTORS IMPLIED BY DRAWING OR NOTES. 2013 CALIFORNIA MECHANICAL CODE-(PART 4,TITLE 24,CCR) CONT CONTINUOUS HORIZ HORIZONTAL PLYWD PLYWOOD VERT VERTICAL 714 4910786
P
8. GENERAL CONTRACTOR SHAH BE RESPONSIBLE FOR USE,SCHEDULING AND FEES 2013 CALIFORNIA PLUMBING CODE-(PART 5,TITLE 24,CCR) CJ CONTROL JOINT HR HOUR PT POINT VEST VESTIBULE .3 PLUMBING FLOOR PLANS
2013 CALIFORNIA ENERGY CODE-(PANT 6,TITLE 24,CCR)
CORR CORRIDOR LBS POUNDS VCT VINYL COMP TILE P.3 EQUIPMENT SCHEDULE
INCURRED BY HOISTING FACILITIES/ELEVATORS, CNTR COUNTER PSF POUND/SQUARE FOOT W VINYLTILE P.4 GAS ISOMETRIC
2013 CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE-(PART 7,TITLE 24 CCR) POUND/SQUARE INCH VWC VINYL WALL COVERING P.5 PLUMBING DETAILS
9. All WORK IS TO CONFORM TO PD&C,INC.dba RANO KRUSE DRAWINGS AND 2013 CALIFOHNIA HISTORICAL CODE-(PART B,TITLE 24) IN. NCH PSI PRECAST
SPECIFICATIONS AND SHALL BE NEWAND Of THE BEST QUALITY Of KINDS SPECIFIED. 2013 CALIFORNIA FIRE CODE-(PART 9,TITLE 24,CCR) I.D.N.DET(DED.) DETAIL I . INSIDE DIAMETER PSI IDENTIFICATION PREFAB PREFABRICATED
All MANUFACTURED ARTICLES TO BE INSTALLED,CONNECTED AND CONDITIONED AS 2013 CALIFORNIA EXISTING BUILDING CODE (PART 10,TITLE 24 CCR) DIAG DIAGONAL INSUL INSULATION PROJ PROJECTION WNSCT WAINSCOT
DIRECTED BY MANUFACTURER. ALL WORK TO BE PERFORMED IN A GOOD 2013 CALIFORNIA REFERENCED STANDARDS-(PART 12,TITLE 24,CCR) INT(INTR) INTEHIOR WC WATER CLOSET
WORKMANSHIP MANNER. 2013 AMERICANS WITH DISABILITIES ACT(ADA) DIA DIAMETER WP WATERPROOF SIGNED: 7/21/18
DIM DIMENSION Q.T. QUARRY TILE WR WATER RESISTANT
10. ALL SUBCONTRACTORS SHALL BE RESPONSIBLE FOR REVIEWING ENTIRE SET Of 23. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND FIELD CONDITIONS BEFORE PROCEEDING DISP DISPENSER JAN JANITOR V4 RD QUARTER ROUND WT WEIGHT
DRAWINGS AND NOTING THEIR WORK AS APPLICABLE. ALL SHOP DRAWINGS SHALL BE WITH WORK, DR DOOR JT JOINT OTRS QUARTERS NOT WIDTH
SUBMITTED TO PD&C,INC.dba RAND KRUSE FOR APPROVAL THROUGH G.C.PRIOR TO DBL DOUBLE JST JOIST HAD RADIUS NOW WINDOW VICINITY IAP
COMMENCEMENT OF ANY WORK. 24. ALL CONTRACTORS AND SUBCONTRACTORS ARE RESPONSIBLE FOR CONFORMING TO ALL ON DOWN RECP RECEPTABLE W/ WITH
APPLICABLE LOCAL CODES AND TRADE STANDARDS. DWR DRAWER REF REFERENCE W/0 WITHOUT
11. GENERAL CONTRACTOR TO BE SOLELY RESPONSIBLE FOR REMOVAL,REPLACEMENT AND DWG DRAWING K KEY REFR REFRIGERATOR WD WOOD REVISIONS
RECTIFICATION OF ALL DAMAGED AND DEFECTIVE MATERIAL AND/OR WORKMANSHIP IN 25.CONTRACTOR TO REWORK SPRINKLERS,FIRE SAFETY SYSTEM REQUIREMENTS,SWITCHING, OF DRINKING FOUNTAIN KL KEY LOCK RUNE REINFORCEMENT =_ —___ _ _ _ _ �;
CONNECTION WITH THE CONTHACT WORK, ANY COSTS CAUSED BY DEFECTIVE OR EXIT SIGNS AND HVAC SYSTEM AS REQUIRED. KP KICK PLATE REQD REQUIHED
ILL-TIMED WORK,POOR WORKMANSHIP,MATERIALS,POOR SCHEDULING OR KIT KffCHEN REV REVISIONS F CUP
s'` � A,sT�
DELINQUENT ORDERING SHALL BE BORNE BY THE GENERAL CONTRACTOR, 26.PD&C,INC.dba RAND KRUSE IS UNAWARE OF ANY EXISTING ASBESTOS WITHIN THE AREA EA EACH R RISER m o 5., 3�w a A,,, O Dim
ELEC ELECTRICAL OR ELECTRIC RM ROOM �i
OFNEWWORK. IT IS THE OWNER'S RESPONSIBILITY TO ADVISE THE GENERAL CONTRACTOR �L O FOR PERMIT
'"
12. DURING THE ENTIRE PERIOD Of DEMDUTION AND CONSTRUCTION ALL REQUIRED EXITS AND HIS SUBS OF ANY ASBESTOS WITHIN THE FACILITY. THE GENERAL CONTRACTOR SHALL El,EIEV ELEVATION LAB LABORATORY RND ROUND '"
SHALL BE MAINTAINED. EXIT LIGHTING AND FIRE PROTECTIVE SERVISES SHALL BE TAKE ALL NECESSARY PRECAUTIONS REQUIRED BY LAW TO PROTECTALL WORKERS AND EMERG EMERGENCY LAM LAMINATE RUB RUBBER - vv c��,�FiNV - 91 A
PROPERLY MAINTAINED. ALL WAYS OF TRAVEL FROM EXITS TO THE STREET SHALL BE OCCUPANTS IF ANY ASBESTOS IS IDENTIFIED AND NOTIFY THE OWNER IMMEDIATELY. ENCI ENCLOSURE LAV LAVATORY RB RUBBER BASE d
MAINTAINED THEE FROM ALL OBSTRUCTIONS. EQUIP(EQPT) EQUIPMENT LT LIGHT
EQ EQUAL LTG LIGHTING SND SANITARY NAPKIN TheRrooAho 0
13. GENERAL CONTRACTOR SHALL PROPERLY PROTECT THE BUILDING AND ANY OTHER EW EACH WAY LT WT LIGHT WEIGHT DISPENSERe �+
ADJOINING PROPERTY OR WORK AND PROTECT ALL EXISTING SURFACED OR FINISHED IXH EXHAUST LIN LINEAR SNR SANITARY NAPKIN '`A 4_% ;
TO REMAIN DURING DEMOLITION AND CONSTRUCTION. ANY DAMAGETO THE SAME LONG LONGITUDINAL RECEPTICLE Nea7rr'sra d JOB NUMBER:
SHALL BE REPAIRED BY G.C.AT HIS EXPENSE TO"LIKE NEW"CONDITION. EXIST. EXISTING NEWPORT
EXT EXTERIOR LP LOW POINT SCH SCHEDULE •, Pte` SAYEAY IIXI(IX
_KR LOCKER SCD SEAT COVER DISPENSER a cay cti` BATE:
14. GENERAL CONTRACTOR SHALL VERIFY ALLOWED WORKING HOURS FOR ALI WORK DONE LVR LOUVER SECT SECTION The R06) a 07.21.16
TO THE CORE(INCLUDING DRILLING, PATCHING,AND ELECTRICAL HOOKUPS)AND IS FOC FACE Of CONCRETE SSK SERVICE SINK ' street 4.
RESPONSIBLE FOR ALL WORK NECESSARY TO COMPLETE WORK TO THE CORE AND IN FDF FACE Of FINISH SHTHG SHEATHING Pafk
�
NONLfASESPACE. NZ
FOS FACE Of STUDS MACH MACHINE SHT SHEET , zjl �
COVER SHEET
FOW FACE Of WALL MAINT MAINTENANCE SHWR SHOWER New15. GENERAL CONTRACTOR IS RESPONSIBLE TO CLEAN UP AND REMOVE ALL WASTE FT FEET MFF MANUFACTURE SIM SIMILAR aBeaMATERIALS FROM PREMISES AS GENERATED BY CONSTRUCTION DEMOLITION, FIN FINISH MFG MANUFACTURING SD SOAP DISPENSER ~� SHEET NUMBER:
WOODWORK ANO ALL TRADES EMPLOYED BY CONTRACTUAL WORK. FE(TEXT) FIRE EXUNEUISHEfl MSTC MASK SC SEPAWITE CIRCUIT 3
FEC FIRE EXTINGUISHER CABINET MATL MATERIAL S.M. SHEET METAL
16. ALL WORK NOTED W.C.OR"BY TENANT"ISTOBEACCOMPLISHEDBYPERSONS FES FIRE EXTINGUISHER MAX MAXIMUM S SOUTH SITE �OCRTION
OTHER THAN G.C.AND IS NOT PART OF CONSTRUCTION AGREEMENT, SURFACE MECH MECHANICAL SPKB SPEAKER
MTI METAL SPEC SPECIFICATION AOCSml
209
PA2016-102 Attachment No. PC 13 - Project Plans
FLOOR PLAN LEGEND ISSUED FOR:
10 -102 221_311 PERMIT
EXISTING BUILDING SHELL TO REMAIN,NEW INSULATION
1'-6" ACCESSIBLE191-311 11-611 AND GYP.BD.BY TENANT. o o
4 SEE 416.0 1 4 INTERIOR NET PUBLIC AREA
0
FOR IDENTIFICATION
_ z
-�, EXTERIOR NET PUBLIC AREA
NEW WALL TYPE'A',BY TENANT- (SEE DETAIL 1/AG.0) W
NOTE: SIGN AT B BRIER GATE 13 o I 2-A RATED FIRE EXTINGUISHER.
s W
TO READ "NO ALCOHOL ; 0 ; – I
BEYOND THISPOINT" Nod
L
® NEW EXIT SIGN.BATTERY BACKED. EDGE-LIT CLEAR ACRYLIC O
BLADE TYPE.MFG:LITHONIA,MODEL:EDG-W.SEE o
ELECTRICAL DRAWINGS.
C= ~
104.0 0
r� ch 100.1NEW EMERGENCY LIGHT FIXTURE.BATTERY BACKED. z O = o
1 I LANDLORD SPECIFICATION a
MFG:EELP z Q
ACCESSIBLE E? 1r15 I (� MODEL:DEM LED-WH-EM o
in r 5/
ENTRANCE U I SEE ELECTRICAL DRAWINGS. W
I A 3 1 3 �F �
co
SEE 4/A.6.0 �" I — — — – –
C2-
FOR
FOR IDENTIFICATION lU
C=
FLOOR PLAN KEYNOTES
WINE/BEER1O (N)TACTILE EXIT SIGN PER 2013 CBC 11B-803. SEE DETAIL 2/A.6.0
D1011-s I t I REF.
/A.10 I O (N)WALL MOUNTED TANKLESS WATER HEATER,SEE MECHANICAL DRAWINGS.
I 2 2 I = LOCATED IN BREEZEWAY.SCREEN ALL SIDES.SCREENING TO MATCH FACILITY r/�
I WINE d STANDARD BOARD AND BATTEN SIDING. V 1
REFI u
BdEA.3.2 ch o
O (N)DOUBLE-WALL VERTICAL KITCHEN EXHAUST RISER TO ROOF. SEE MECHANICAL
2 DRAWINGS UNDER THIS SUBMITTAL. SCREEN DUCTWORK TO MATCH FACILITY
I I ��
2 III
w =
4/ — — STANDARD BOARD AND BATTEN SIDING. PROVIDE ACCESS PANELS AT ALL 90 DEG. ,— m
?I I s / �; IA.3.2 CHANGES IN DIRECTION.DUCTWORK REQUIRES 3"CLEARANCE FROM z W 030 � ., ,.. I
p�
BAR lili ili I I COMBUSTIBLE MATERIALS.
! I r SQUARE FOOT TABULATIONS o
\ 1 0 I I \ 101 031 4O (N)CUSTOM OPENING WINDOW.SEE DETAIL X/6.0 z E
BACK BAR PROPOSED Q�4 o
cv I COOLER \ I w
3@__Jta I INDOOR = 1,234SQ.FT.
I _ I BUSSINGR — — OUTDOOR = 324 SQ.FT. O (N)PASS THROUGH BAR OPENING.SEE DETAILX/6.0
I I
C=
I . 2 2 bo TOTAL = 1,558 SQ.FT. O (N)WALL MOUNTED HVAC CONDENSING UNIT,SEE MECHANICAL DRAWINGS. ~
SCREEN ALL SIDES.SCREENING TO MATCH FACILITY STANDARD BOARD AND
I
ICE BATTEN SIDING. —_ N
L, \ 1I a I MAKER ` 3 2 I PROPOSED NET PUBLIC AREA
3 2 e n INDOOR = 644 SQ.FT. a
A 2
<; �__W_ 4_4 —
OUTDOOR = 324 SQ.FT.
� ---- r---- FLOOR PLAN NOTES
RESTAURANT SEATING
014 001REACH INDOOR = 41
\ = REFRIGERATO OUTDOOR = 25 • ALL FINISHED PARTITIONS SHALL BE PLUMB,STRAIGHT AND TRUE AND SHALL HAVE
/ 017 TAPED JOINTS, FLUSH AND SMOOTH.
2 015 i� , „ TOTAL = 64 • PROVIDE BACKING IN WALLS FOR WALL HUNG FIXTURES AND CABINETS AS REQUIRED.
c\ /
A.1.3 2 • CONTRACTOR TO SUBMIT SUBMITTALS OF ALL(FINISHES,PLUMBING FIXTURES,
I /
016 L____ ELECTRICAL COMPONENTS,DOOR HARDWARE AND LIGHT FIXTURES)TO ARCHITECT
KITCHEN RESTROOM NOTES FOR WRITTEN APPROVAL PRIOR TO ORDERING MATERIAL. IF SUBMITTALS ARE NOT
® 013 A.3.1 = COMMON AREA RESTROOMS PROVIDED UNDER SUBMITTED AND APPROVED IN WRITING THE CONTRACTOR WILL BE RESPONSIBLE cNEB: /zvls
W 103 A100 / PHASE 9, PLAN CHECK# 1147-2015. FOR ALL COSTS ASSOCIATED WITH REPLACEMENT.
LL 018 PATH OF TRAVEL TO RESTROOMS = 127' • F.E.C. FIRE EXTINGUISHER TO MATCH BUILDING STANDARD.
I'I 018 3 REACH-IN/ z • SUBMIT CUT-SHEET OR ACTUAL DOOR SAMPLE FOR APPROVAL PRIOR TO PURCHASE
WALK-IN
�I REFRIGERATION OR FABRICATION OF DOORS,HARDWARE SCHEDULE.
3 �[ �i\ = L 3 KEG STORAGE r • MAXIMUM DOOR OPERATION PRESSURE FOR INTERIOR DOORS SHALL BE 5LBS.
I I • DOOR HARDWARE SHALL BE PUSH-PULL OR OTHER TYPE WITH DOES NOT REQUIRE
A
a w AL3.1 019 .3.1 . i _ z
- 00 MC I I GRASPING AND TURNING. REVISIONS
r a u 011 si I = I • CONTRACTOR SHALL FURNISH AND INSTALL ALL DOORS,HARDWARE AND FRAMES
_ o /I o L J REQUIRED FOR A COMPLETEAND PROPER INSTALLATION. 0 PRELIMINARY
°z I 010 4a 003 HA D • ALL DOORS SHALL HAVE WALL OR FLOOR STOPS TO PREVENT DAMAGE TO DOOR, �B Dim
AJ3.1 020 3 sI K I ' 6,eO„ �co HARDWARE OR ADJACENT WALL SURFACES.
�— PA INI 008 ��- • CONTRACTOR TO VERIFYALL KEY REQUIREMENTS WITH LANDLORD/OWNER AND 0 FOR PERMIT
O I,l I GRIL 021 004 h SHALL COORDINATE BUILDING STANDARD CYLINDERS AND KEYWAYS AS REQUIRED.
BLO � • ALL DOORS SPECIFIED SHALL BE FINISHED ON BOTH FACES AND ON THE HINGED AND
OVEN
I 0Q9 u j.� - A STRIKE EDGES,TOP AND BOTTOM EDGES UNFINISHED.
I� sa,-�— T I • ALL PARTITIONS ARE DIMENSIONED FINISH TO FINISH.— ® 00 006 005 T E / • EVERY REQUIRED EXIT DOORWAY MUST BE OF A SIZE TO PERMIT THE INSTALLATION
3 , 3 OF A T-0"BY 6'-8" DOOR MINIMUM.A MINIMUM CLEAR WIDTH OF 32"MUST BE
z 3 0 . UTILITY PROVIDED.(2013 CBC 1008.1.1)
DISH O � JOB NUMBER:
a O OO OO WASHER 102 • CONTRACTORITENANT MUST COMPLY WITH(2013 CBC 1011.5,AND 1011.6)FOR EXIT XXXXX
e 10310 SIGN GRAPHICS,ILLUMINATION,AND POWER SOURCE. BATE:
• CONTRACTOR TO PROVIDE EXIT SIGNS READILY VISIBLE TO CLEARLY INDICATE THE 07.21.16
r DIRECTION OF EGRESS TRAVEL.EXIT SIGNS SHALL BE PROPERLY ILLUMINATED.(2013
I CBC 1011.5,1011.6)
I 15'_1" 6,-0211 6'-72" • WALL AND CEILING MATERIALS SHALL NOT EXCEED FLAME SPREAD CLASSIFICATIONS FLOOR PLAN
L_ J IN 2013 CBC SECTION 803 AND TABLE 803.9.
FLOOR PLAN N
. JEE — E EE 271-11 SHEETNUMBEA:
SCALE. 3 - 1 -0 OCCUPANT LOAD CALCULATION
TYPE LOAD FACTOR FLOOR AREA OCCUPANCY LOAD
B 41(SEATS) 1,234 SF 1,234/40=30
TOTAL=30 ❑ ❑
Lido Bottle Works
Conditional Use Permit
EST. 2015
li
DO BOTTLE
IF
Planning Commission Public Hearing Aim
September 1, 2016
UP2o16-027 (PA2o16-102)
Planning Commission - September 1 , 2016
ting
02)
Introduction � z
a
C�CIF00.N' ,
Project Location
34o8 Via Lido, Suites sot and 103
Lido Marina Village
Conditional Use Permit No . UP2015 -040
Food Service, Eating and Drinking Establishment
Late Hours
Type 43. (On Sale Beer and Wine) Alcohol License
Outdoor Dining Patio
49-sq-ft off-sale component requested
07/13/2012 Community Development Department - Planning Division 2
Planning Commission - September 1 , 2016
ting
02)
Vicinity Map
� z
AF
ge
07
VArZoIr
a
_ •� !_fir �
6 O
Z
4 s
f
67 '�,•h'� 34
• 4
4 �{
fY � 1'• L �K��i� �� ,a
h b
l �Ln �i� 41 ♦' .
s
t
4p0
91-
Planning Commission - September 1 , 2016
ting
02)
Background
■ 3.972- UP1636 authorizes a 5-story parking garage in Lido
Marina Village
3.977- UP1849 allows a yogurt shop at Suite Zoe
3.979- UPlgo6 allows a restaurant with beer and wine
and outdoor dining at Suite 2.03
■ 3.997- PDUP18 and OD45 allows additions to Suite 103
with outdoor dining
■ 2009-the restaurant goes out of business and remains
vacant
203.4-A CUP is approved to address parking on a
comprehensive level for Lido Marina Village .
07/13/2012 Community Development Department - Planning Division 4
Planning Commission - September 1 , 2016
ting
02)
Project Details
• • "J4P2016-027 •
Alcohol License Type 41 (On Sale Beer and Wine) license
PublicNet - , 644 square feet (40 seats)
Outdoor Dinin • 324 square feet (24 seats)
Patio
Hours of Op-ratio Interior:
• io:oo a.m. to 12:00 midnight, daily
(lights out at 12:3o a.m .)
Outdoor Dining Patio:
• 1o:oo a.m. to 12:00 midnight, Thu to Sat
• 1o:oo a.m. to 11:oo midnight, Sun to Wed
• - Alcohol 1o:oo a.m. to 1o:oo p.m., daily (requested)
Sales
5
Site Photograph
_
Tenant Space Looking South
F °a•ii•ii� �
a li•M5low,
r u•wn�
ily a•
Site Photograph
Outdoor Dining Patio Area
Site Photograph
Boardwalk Looking North
1
Ir � C
1 r \
pppp",
Op
Site Photograph
Building Frontage Along Via Oporto
r•
Planning Commission - September 1 , 2016
ting
Site Plan
eY
. . 02)o
AREAOFWORK 3408 VIA OPORTO, SUITE 103
_ � ,
09/01/2ol6 10
Planning Commission - September 1 , 2016
-------------
ting
02)
Floor Plan
M
C,(/F00.NP
SQUARE FOOT TABULATIONS
sr r
. mW, PROPOSED
INDOOR = 1.234 SQ.FT.
OUTDOOR = 324 SQ.FT.
A
TOTAL = 1,558 SQ.FT.
I '
PROPOSED NET PUBLIC AREA
L
INDOOR = 644 SQ.FT.
J
OUTDOOR = 324 SQ.FT.
TOTAL = 968 SQ.FT.
V
cx u RESTAURANT SEATING
°'Bit
INDOOR = 41
e + OUTDOOR = 25
-_ 191CHEN
TOTAL = 64
'T
RESTROOM NOTES
COMMON AREA RESTROOMS PROVIDED UNDER
PHASE 9. PLAN CHECK# 1147-2015.
FLOOR PLAN
g _ _ _ " PATH OF TRAVEL TO RESTROOMS = 127' ii
Police Department
Renortinq District No . v -
i
♦I ` ♦- Wil' L��_1,
��♦ice�j♦i♦ + �[V. r !��) 1
�♦��ISI����`f , �' _ _ _
♦ III � _
1 '
Planning Commission - September 1 , 2016
ting
Alternative
02)
• • • • .
Alcohol
Police Department Conditions
1. There shall be no retail display or "walk-in/reach-in-cooler" directly accessible to
the public on premises.
2. There shall be no exterior signs advertising off-sales of alcohol.
3. There shall be no off-sales of alcohol permitted after 8:00 p.m., daily.
4. Off-sale retail alcohol sales shall consist of bottles only. Retail sales of growlers
or kegs (64 oz. or more) shall not be permitted.
5. The walk-in/reach-in cooler area shall be limited to 50 square feet in area.
07/13/2012 Community Development Department - Planning Division 13
Planning Commission - September 1 , 2016
ting
02)
Trash Service PI an
\ ha Project Site
\�.
3404 Via Oporto
Proposed Trash
Area-87 sq. ft.
(3) 2 YARD
\ (�, 87 SF.
vL •�
970 �
O
ti
'vn
o�
7
07/13/2012 - 14
Planning Commission - September 1 , 2016
ting
02)
Parking
Parking Management Program approved in
2014 for Lido Marina Village .
Development may be occupied up to an
occupancy threshold where a new parking
study will be prepared based on real -time
occupancy of the development .
Restaurant does not trigger the occupancy
threshold and sufficient parking is available
for this use in Lido Marina Village .
07/13/2012 Community Development Department - Planning Division 15
Planning Commission - September 1 , 2016
ting
02)
Parking Demand Analysis
-- _ - 1316 sf rumew _ 1,. •••�••�•,v
1 1197 sf X542 sf 216 sf, 228 sf f 2 s
756 sf i 762,1 , - 865 sf� 8255f�' 7018
7996 s.f. �. 2310 s L -f _` i.
O :` 11375f _11475f �� iq/p af• �$45f��
5 109f r —11�_
IO A� r- o,
LUD[;F 2?44 f /�. ,�� 919f� 15b
- , y< 620$fl 626 sf' �. 1532 sf -
�.�: 1541 a
VIA OPOR70 3431VIA OPWO 1
34211M MOM
� r• e L ...--Ips--
(tel ;825 sf 2,8 sfi/
r 19 ` SITE SUMMARY
f JOE , GROSS BUILDING AREA
u vC
GSR G28,676 RETAIL 28.676 aF
Q � �w 2575 sf
FOOD SERVICE 22,911 sf
0 RESTAURANT PATIO 5,463 sf
\ 2892 sf 8VALM F7 OFFICE 30,217 Sf
IZ NAIL SALON 14878f
sf \ ® STN 8 FITNESS 12,072 of
TAKE OUT F&B 3,530 of
L MARKET 12,071 d
3434 - (BUILDING FOOD SERVEVIISI NS 1,085 sf
r� TOTAL BUILDING 112,029 d
3M4VIk 9o/ Inc l
16
Planning Commission - September 1 , 2016
ting
02)
Recommendation
C�CIFO0.N�' ,
Conduct a public hearing
■ Adopt the draft resolution :
Approving the requested restaurant without the
retail alcohol sales component
05/21/2015 Community Development Department - Planning Division 17
Planning Commission - September 1 , 2016
ting
02)
CEQA Review
of
a
The project is categorically exempt under
Section 15301, of the California Environmental
Quality Act (CEQA) Guidelines - Class i. ( Existing
Facilities) .
■ The proposed project involves tenant
improvements of an existing building to
accommodate a new eating and drinking
establishment, which is within the thresholds
identified in CEQA Guidelines Section 15301.
05/21/2015 Community Development Department - Planning Division A
Planning Commission - September 1 , 2016
ting
02)
Next Steps
of
a
■ CUP will supersede UP1849 and UP1906, PDUP18,
and OD45 through a future noticed action .
■ If final action is taken, appeal period expires
Thursday, September 5, 2016 .
■ If CUP is approved, Operator License is scheduled
for review on orafterTuesday, September l3, 2016 .
If no appeal, applicant may proceed to final design,
permitting and construction .
05/21/2015 Community Development Department - Planning Division 19
r
46
*i
N #
= r ~ F
a
ti
4
M
I _
For more information contact: -
Makana Nova,Associate Planner
949-644-3249
mnova@newportbeachca.gov
www.newportbeachca.gov