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HomeMy WebLinkAbout4.0_The Villas at Fashion Island Conditional Use Permit _PA2016-179 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 8, 2016 Meeting Agenda Item No. 4 SUBJECT: The Villas at Fashion Island Conditional Use Permit (PA2016-179) 4200 and 7120 San Joaquin Plaza Conditional Use Permit No. UP2016-045 APPLICANT: Villas at Fashion Island LLC OWNER: Villas at Fashion Island LLC PLANNER: Chelsea Crager, Assistant Planner (949) 644-3227 ccrager@newportbeachca.gov PROJECT SUMMARY A conditional use permit for a cafe with a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Constrol (ABC) license and a poolside lounge with a Type 57 (Special On Sale General) ABC license at the Villas Fashion Island, a residential apartment complex. The cafe is located near the center of the residential development and is open to the public with proposed hours of operation of 6:00 a.m. to 10:00 p.m., daily. The poolside lounge is open to members and their guests only and has proposed hours of operation of 7:00 a.m. to 11:00 p.m., daily, with alcohol service 10:00 a.m. to 9:00 p.m. There will be no live entertainment or dancing. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction of Small Structures) of the CEQA Guidelines, because the new structures consist of less than 2,500 square feet; and 3) Adopt Resolution No. _ approving Conditional Use Permit No. UP2016-045 (Attachment No. PC 1). 1 V� QP �P Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 2 VICINITY MAP w a i � F � Q 2 N q Y(i D l GENERAL PLAN ZONING _ 0 ° e�Dr• db� P9 d G�nry INNrH pDJ �i D °L qhL PPyy C4 sq vu 0 °Oe c a 0 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed Use Hio3rizontal (MU- North Newport Center (PC- Apartment Complex General Commercial (CG) Commercial General (CG) NORTH and Single-Unit Residential and Low Medium Density Gas Station and Residential Attached (RS-A) Residential Are of Big Canyon (PC-8) SOUTH Private Institutions (PI) San Joaquin Plaza (PC-19) Orange County Museum of Art EAST Mixed Use Hio3rizontal (MU- North Newporrtt)Center (PC- Offices Newport Beach Police WEST Public Facilities (PF) Public Facilities(PF) Department, Newport Beach Fire Department Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 3 INTRODUCTION Project Setting The property is located generally southeasterly of the intersection of Jamboree Road and San Joaquin Hills Road. The subject addresses are located on a 14.48-acre parcel, which is under construction to develop a 524-unit apartment complex, Villas Fashion Island. To the north, south, and east are commercial uses and to the west are public uses. Across San Joaquin Hills Road, to the north, are residential units. Project Description The cafe is located near the center of the residential development and is a part of a fitness center. It includes 1,150 square feet of interior net public area and a 650-square- foot outdoor patio. It is open to the public; however the residential development is a gated community and is accessible only through a staffed security gate from San Joaquin Hills Road. Proposed hours of operation are 6:00 a.m. to 10:00 p.m., daily. The request is for a Type 41 (On Sale Beer and Wine) ABC license which would allow the sale of beer and wine to the general public. The poolside lounge includes 1,300 square feet of interior net public area and a 12,300- square-foot outdoor pool area. The lounge and pool area will be accessible to residents and their guests only. Proposed hours of operation are 7:00 a.m. to 11:00 p.m., daily, with alcohol service 10:00 a.m. to 9:00 p.m. The request is for the approval of a Type 57 (Special On Sale General) ABC license. This type of license authorizes the sale of alcohol to members and guests for consumption onsite. The Type 57 also allows the offsite sale of beer and wine to members and guests; however, the use permit does not permit offsite sale. Background The subject properties are a part of a 524-unit apartment project currently under construction. The development is located in the San Joaquin Plaza subarea of the North Newport Center Planned Community (PC-56), which allows up to 524 residential units. The gated complex consists of seven four-story buildings with a two-level parking structure. The primary vehicular entrance to the complex will be staffed with a security guard 24 hours daily. DISCUSSION Analysis Consistency with the General Plan and Zoning Code The subject property is subject to the North Newport Center Planned Community (PC- 56), Subarea San Joaquin Plaza, and is designated Mixed-Use Horizontal (MU-H3) by 4 Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 4 the General Plan. This General Plan land use category is intended to provide for a horizontal intermixing of uses that may include regional commercial office, hotel, multi- family residential, and ancillary commercial uses. The proposed cafe and lounge are accessory to the approved multi-family residential development and are therefore consistent with this designation. Within the San Joaquin Plaza subarea of the North Newport Planned Community, bars and cocktail lounges and service of alcohol require approval of a conditional use permit. Off-Street Parking Parking for the apartment complex is provided as a 2-level parking garage constructed beneath the complex consisting of 1,342 parking spaces. The Code-required parking for the 524 apartment units is 1,192 parking spaces; there is therefore a 150-space surplus onsite. In accordance with Section III (Development Standards) of the North Newport Center Planned Community, accessory, ancillary, and support uses for residential development are not included in the calculation for required parking and there is no additional parking required for the cafe and lounge. Police Department Review The Newport Beach Police Department provided a staff memorandum regarding the applicant's request (Attachment No. PC 4). The proposed project is located in Police Reporting District 39 (RD 39), which has a higher crime rate than the citywide average. However, with the introduction of the 524-unit apartment complex and new residents, the crime rate and per capita ratio of alcohol licenses is expected to decrease. Should the Planning Commission approve the applicant's request, the Police Department has recommended several conditions of approval to regulate and control potential nuisances that the establishment may create. 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 uses adjacent to the site are commercial, public facilities, and residential. The cafe and lounge spaces are each surrounded by residential apartment buildings. The draft resolution includes conditions of approval to minimize negative impacts that the proposed cafe and lounge may have to surrounding uses and to help ensure that the use remains compatible with the surrounding community. Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 5 In order to approve a use permit 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 following must be considered: 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 proposed to be located within Reporting District 39. For a map of Reporting Districts, see Attachment No. PC 5. A memorandum, which includes alcohol related statistics from 2015, is provided in Attachment No. PC 4. The Police Department does not oppose the operation as proposed by the applicant, as stated in the memorandum. A discussion of the factors is provided below: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting Part One Crimes Part Two Crimes Part One Crimes District (serious (all other Rate (per 1,000 offenses) offenses) people) RD 39 204 274 23,803.97 RD 37 59 55 2,487.35 RD 38 18 31 1,145.77 RD 43 30 23 2,944.06 Newport Beach 2,339 3,841 2,739.65 The Part One Crimes Rate in Reporting District 28 is higher than the Part One Crimes Rate for the City and adjacent districts. However, with the introduction of the new residential units the crime rate is expected to decrease. The Police Department does not object to this project as conditioned. Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 6 b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Reporting District Alcohol-Related Total Arrests Calls for Service Arrests RD 39 63 254 7,497 RD 37 11 41 1,097 RD 38 12 35 1,191 RD 43 8 23 936 Newport Beach 1,143 3,523 102,056 RD 39 has a higher number of total arrests, alcohol-related arrests, and calls for service compared to all adjacent reporting districts. This may be attributed to the high concentration of commercial uses within North Newport Center. 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. The project site is located in an apartment complex and is intended to serve residents and their guests. The complex is surrounded by commercial, residential, and public institution zoning districts and uses. The restaurant is separated from the residential uses across San Joaquin Hills Road by the apartment buildings of the complex. There are no day care centers, hospitals, park and recreation facilities, places of worship, or similar uses in the immediate vicinity. d. The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. Reporting District Active ABC License Per Capita RD 39 66 13 RD 37 9 264 RD 38 1 1,571 RD 43 3 340 Newport Beach 438 194 The per capita ratio of one license for every 13 residents is higher than all adjacent reporting districts and the average Citywide ratio. This is due to the commercial nature of RD-39, which contains all of North Newport Center, including Fashion Island. Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 7 e. Whether or not the proposed amendment will resolve any current objectionable conditions. There are no current objectionable conditions caused by the sale of alcohol at the project site. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of residents of the apartment complex and their guests. Operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. Conditional Use Permit 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: 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. The draft resolution includes conditions of approval to help prevent alcohol-related problems and minimize the potential effects on neighboring residents to preserve the health and safety of residents and other businesses in the neighborhood. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 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 the Zoning Code and 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 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 that sufficient facts exist in support of each finding. The cafe and poolside lounge are consistent with the Mixed Use Horizontal (MU-H3) General Plan Land Use 2 Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 8 Designation and San Joaquin Plaza Subarea of the North Newport Center Planned Community in that it will provide a service accessory to the new luxury apartment complex. The cafe and lounge are separated from nearby uses by the apartment buildings of the complex, and are accessible only through the security gate on San Joaquin Hills Road. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 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 qualifies for a Class 3 (New Construction of Small Structures) categorical exemption, per Section 15303 of the California Environmental Quality Act (CEQA) Guidelines. The new structures will consist of less than 2,500 square feet. 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 hearing 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: t-L r�'�W Chelsea Crager, As tant Planner r n a Wisnes i, ICP, Deputy Director 9 Villas Fashion Island Conditional Use Permit (PA2016-179) Planning Commission, December 8, 2016 Page 9 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Project Description PC 4 Police Department Memorandum PC 5 Reporting District Map PC 6 Project Plans 11/18/16 2� Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 V� QP �P 2� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2016-045 FOR THE ESTABLISHMENT OF A CAFE WITH TYPE 47 ALCOHOLIC BEVERAGE LICENSE AND A LOUNGE WITH A TYPE 57 ALCOHOLIC BEVERAGE CONTROL LICENSE, LOCATED AT 4200 AND 7120 SAN JOAQUIN PLAZA (PA2016-179) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Villas at Fashion Island LLC, with respect to property located at 4200 and 7120 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-105, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit for a cafe with a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license and a poolside lounge with a Type 57 (Special On Sale General) ABC license at the Villas Fashion Island, a residential apartment complex. The cafe is located near the center of the residential development and is open to the public with proposed hours of operation of 6:00 a.m. to 10:00 p.m., daily. The poolside lounge is open to members and their guests only and has proposed hours of operation of 7:00 a.m. to 11:00 p.m., daily, with alcohol service 10:00 a.m. to 9:00 p.m. There will be no live entertainment or dancing. 3. The subject property is located within the North Newport Center (PC-56) Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal (MU-1-13). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 8, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 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 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA)) under Class 3 (New Construction of Small Structures) of the Guidelines for CEQA. 2. The Class 3 exemption authorizes a restaurant or similar commercial structure not involving significant amounts of hazardous substances and not exceeding 2,500 13 Planning Commission Resolution No. #### Page 2 of 11 square feet in floor area. The proposed cafe and lounge will consist of less than 2,500 square feet. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits — Findings and Decision) and NBMC Section 20.48.030 (Alcohol Sales), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030(0)(3) (Alcohol Sales). Facts in Support of Finding: 1. The following criteria has been considered: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. i. The Part One Crimes Rate in Reporting District 39 (RD 39) is higher than the Part One Crimes Rate for the City and adjacent districts due to the high concentration of commercial land uses. However, with the introduction of the new residential units the crime rate is expected to decrease. The Police Department does not object to this project as conditioned. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. i. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent Reporting Districts. The Police Department does not consider the rate high because of the concentration of restaurants and commercial uses within Fashion Island and the surrounding North Newport Center. The Newport Beach Police Department has not previously reported any calls for service to the subject property since the proposed use is part of a new development project. 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. i. The project site is located in an apartment complex and is intended to serve residents and their guests. The complex is surrounded by commercial and public institution zoning districts and uses. The restaurant is separated from the residential zoning district by a parking -4 Planning Commission Resolution No. #### Page 3 of 11 structure. There are no day care centers, hospitals, park and recreation facilities, places of worship, or similar uses in the immediate vicinity. d. The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. i. The per capita ratio of one license for every 13 residents is higher than all adjacent reporting districts and the average Citywide ratio. This is due to the commercial nature of RD-39, which contains all of North Newport Center, including Fashion Island. e. Whether or not the proposed amendment will resolve any current objectionable conditions. i. The project has been reviewed and conditioned to ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of residents of the apartment complex and their guests. Operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for the subject property is Mixed-Use Horizontal (MU-1­13), which is intended to provide for a horizontal intermixing of uses that may include regional commercial office, hotel, multi-family residential, and ancillary commercial uses. The proposed cafe and lounge are accessory to the approved multi-family residential development and are therefore consistent with this designation. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The project is located in the San Joaquin Plaza Subarea of the North Newport Center Planned Community (PC-56). The cafe and lounge with alcoholic beverage sales is a commercial use that will serve the residents of the Villas Fashion Island apartment complex. The uses are a support use for the approved new residential development 15 Planning Commission Resolution No. #### Page 4 of 11 and are therefore consistent with the purposes of the North Newport Center Planned Community San Joaquin Plaza Subarea. 2. The residential development was constructed with a surplus of 150 parking spaces. Because the cafe and lounge are support uses to the residential project, the commercial uses are not included in the calculation for required parking and there is no additional parking required. 3. Eating and drinking establishments are permitted uses within the San Joaquin Subarea of the North Newport Center Planned Community, and as a support use of the residential development, are not counted toward the square footage development limits of the subarea. The sale of alcohol requires approval of a conditional use permit. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the food service eating and drinking establishment does not become a bar or tavern. The establishments are required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees of the establishment. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. 2. The conditions of approval reflected in Exhibit "A" of this resolution ensure that potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. Although the cafe and lounge are surrounded by multi-family residential units, they are intended to be support uses for the development and will not operate with late hours. 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 Villas Fashion Island residential development project provides adequate parking and circulation within the parking structure on-site. Primary vehicular access is through a staffed security gate from San Joaquin Hills Road. 10 Planning Commission Resolution No. #### Page 5 of 11 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. 3. Improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and 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 in sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The cafe and lounge will be a support use to the multi-family residential development, Villas Fashion Island. The lounge will only be available to residents of the development and their guests and will provide an adequate security plan. The cafe is open to the public, however is intended to serve only residents and their guests. The cafe is located near the center of the development and requires entrance through a staffed security gate from San Joaquin Hills Road. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2016-045, 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 8th DAY OF DECEMBER, 2016. AYES: NOES: 17 Planning Commission Resolution No. #### Page 6 of 11 ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 12 Planning Commission Resolution No. #### Page 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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. UP2016-045 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060, 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 Conditional Use Permit. 5. The 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 may 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 this approval letter 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 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 19 Planning Commission Resolution No. #### Page 8 of 11 elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are easily discernible from other elements of the plans. 11. The cafe shall be limited to 1,150 square feet of interior net public area and 650 square feet of outdoor patio public area. 12. The lounge shall be limited to 1,300 square feet of interior net public area and the 12,300-square-foot outdoor pool area. 13. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 14. All lighting shall conform with 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. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 15. 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 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 17. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam-cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 20 Planning Commission Resolution No. #### Page 9 of 11 18. 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. Graffiti shall be removed within 48 hours of written notice from the City. 19. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays. 20. 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. 21. 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 Villas Fashion Island Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2016-045 (PA2016-179). 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. Police Depantment 22. The hours of operation in the Cafe shall be limited to 6:00 a.m. through 10:00 p.m., daily. 23. The hours of operation of the poolside lounge shall be limited to 7:00 a.m. to 11:00 p.m., daily, with alcohol service from 10:00 a.m. through 9:00 p.m. 24. 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. 21 Planning Commission Resolution No. #### Page 10 of 11 25. Employees shall not be permitted to consume alcohol or be under the influence of alcohol at any time during their shift. 26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 28. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 29. 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. 30. Caf6 only: There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 31. Cafe only: Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 32. Caf6 only: 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. 33. There shall be no exterior advertising or signs of any kind of 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. 34. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 35. Strict adherence to maximum occupancy limit is required. 36. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in all areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. 37. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 22 Planning Commission Resolution No. #### Page 11 of 11 38. There shall be no live entertainment or dancing allowed on the premises. 39. Security Staff must be on the premises during alcohol service hours and for 2 hours after alcohol service concludes. 40. Only members and their guests may be allowed in the lounge area. The operator must employ a system which will effectively regulate this requirement. Building Division 41. Illuminating fire appliances (other than fireplaces or fire pits approved at time of the project's plan review) will require a fire plan review. Additionally, the illuminating appliances must be located to meet manufacturer's recommended vertical and horizontal clearances from combustible construction. If clearances are not referenced in the manufacture's specifications then the clearances provided will need to meet the clearances indicated in the California Mechanical Code (CMC). 42. Commercial cooking equipment that produce grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled for its intended use. California Fire Code (CFC) Section 904.11 23 V� QP �P Attachment No. PC 2 Draft Resolution for Denial 25 V� QP �P RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. UP2016-045 FOR THE ESTABLISHMENT OF A CAFE WITH TYPE 47 ALCOHOLIC BEVERAGE LICENSE AND A LOUNGE WITH A TYPE 57 ALCOHOLIC BEVERAGE CONTROL LICENSE, LOCATED AT 4200 AND 7120 SAN JOAQUIN PLAZA (PA2016-179) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Villas at Fashion Island LLC, with respect to property located at 4200 and 7120 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-105, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit for a cafe with a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license and a poolside lounge with a Type 57 (Special On Sale General) ABC license at the Villas Fashion Island, a residential apartment complex. The cafe is located near the center of the residential development and is open to the public with proposed hours of operation of 6:00 a.m. to 10:00 p.m., daily. The poolside lounge is open to members and their guests only and has proposed hours of operation of 7:00 a.m. to 11:00 p.m., daily, with alcohol service 10:00 a.m. to 9:00 p.m. There will be no live entertainment or dancing. 3. The subject property is located within the North Newport Center (PC-56) Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal (MU-H3). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 8, 2016 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 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. 2� Planning Commission Resolution No. #### Page 2 of 2 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Subsection 20.52.020(F) (Findings and Decision). 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 establishment of a cafe and lounge with alcohol service is inconsistent with the purpose and intent of NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because the establishments are not compatible with the allowed uses in the vicinity. 2. The applicant's request may increase alcohol-related crimes and calls for service and negatively impact police-related response. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2016-045 (PA2016-179). 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF DECEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 05-26-2016 22 Attachment No. PC 3 Project Description 29 V� QP �P 30 PA2016-179 BLADE & AYAZ A LAW CORPORATION 2107 NORTH BROADWAY,SUITE 106 SANTA ANA,CALIFORNIA 92706 EMAIL: abclaw@rablake.com TELEPHONE: (714)667-7171 FACSIMILE: (714)667-0477 October 11, 2016 File No. 2680-2 Community Development Department Planning Division 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Letter of Justifications for Conditional Use Permit Villas Fashion Island, 4200 & 7120 San Joaquin Plaza,Newport Beach To whom it may concern: This letter will serve as justification in support of the applicant's request for a Conditional Use Permit pursuant to Newport Beach Municipal code §20.52.020, for the Applicant's luxury residential facility. The residential resort style property has applied for two on—site Alcoholic Beverage licenses located at the premises of a residential community commonly known as the Villas Fashion Island. The Lounge will operate under a Type 57 On-Sale general liquor license, and the Caf6 will operate under a Type 41 On-Sale Beer and Wine license. The California Alcoholic Beverage Control defines the abovementioned licenses as follows: LICENSE TYPE 57: SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits,to members and guests only,for consumption on the premises where sold.Authorizes the sale of beer and wine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises LICENSE TYPE 41: ON SALE BEER & WINE — EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 31 PA2016-179 Page 2 Re: Justifications Letter—Villas Fashion Island October 11, 2016 The use for this location will be consistent with the General Plan and the Specific Plan as outlined in the North Newport Center Planned Community district,which is comprised of seven sub- areas that include Fashion Island,Block 600,and Block 800;and portions of Block 100,Block 400, Block 500, and San Joaquin Plaza. The Newport Center encompasses major retail, professional offices, entertainment, recreation, and residential developments within the City of Newport Beach. The North Newport Center site is approximately 170.3 acres and runs along San Joaquin Hills Road and Newport Center Drive. The Applicant's project will be located in the San Joaquin Plaza Sub- Area and sits within the new residential community commonly known as the Villas at Fashion Island.The permitted use of this area is Mixed-Use,which includes light general commercial,hotel, residential,and other mixed uses in accordance with the General Plan MU-H3 land use designation. The use described above is allowed within the applicable zoning district and complies with the applicable provisions of the Newport Beach Municipal Code. The Applicant has a long history of designing top-rated communities in Orange County. At similar properties,residents are pleased with their exclusive access to wellness,elegance,as offered by Irvine Company's prestigious properties in Southern California.The Villas at Fashion Island will continue to offer luxury apartment residences in a resort-style setting, allowing residents to enjoy personalized concierge amenities. The Cafe The Cafe,located at 7120 San Joaquin Plaza,Newport Beach,will operate under a Type 41 On-Sale Beer and Wine for a Bonafide Eating Place. As illustrated in the plans, the Cafe will be located near the center of the Villas.Its location was chosen as it allows the residents easy access to a quick meal while enjoying a glass of wine or cold beer. The Cafe will also feature a small patio seating area, which will be enclosed pursuant to ABC's requirements to clearly identify the area in which alcohol consumption is permissible. Allowing alcohol in this area will allow residents and the general public outdoor eating options. The consumption of alcohol will not be permitted in any area not covered by the CUP or the ABC license. The Lounge The Lounge will be located at 4200 San Joaquin Plaza, Newport Beach and will be an exclusive club located on-site at the Villas at Fashion Island.The Lounge will operate under a Type 57 Special On-Sale General ABC license and will contain bar service limited food,in any area that includes the pool as depicted on the plans. The Lounge/pool area will be completely enclosed or otherwise fenced-in and only accessible to and by members or member guest(s). The Lounge will offer the sale of beer, wine and distilled spirits ancillary to the primary use of by the residents as a social meeting place and recreational amenity. There may be an occasional use of the facility for member gatherings or apartment management run events for members.The Lounge area will provide a space where residents and their invited guest(s) can conveniently walk to from their place of residence and enjoy the pool, spa, BBQ's, eat food items and beverages offered by the applicant. 32 PA2016-179 Page 3 Re: Justifications Letter—Villas Fashion Island October 11, 2016 The Lounge will be open from 7 a.m.to 11 p.m. with alcohol service beginning at 10:00 a.m. daily. Pool hours will be from 5 a.m.to 10 p.m.with alcohol service running from 12 p.m. to 9 p.m. daily.The applicant shall serve alcoholic beverages in containers that are easily distinguishable from those that contain non-alcoholic beverages. This would include beer bottles (non-glass) and distinguishable cups for other alcoholic beverages. To further control alcohol service, once a club member's ID has been verified,they will receive a wristband good for that day only.If a guest leaves and returns to the Lounge within the same day, they will be subject to a second ID and membership check. Guests of members will have their ID checked and receive a guest wristband different in color that denotes they are a guest of a member.This control will be put in place to ensure guests are not at the Lounge without being accompanied by a member and to easily distinguish members from member guests. The Lounge will provide a convenient location where residents and members can easily walk to and enjoy the beautiful weather,the pool/spa,comfortable Lounge and meeting space,food and as an ancillary amenity the availability of alcohol beverages.The Lounge,being that it will be a special type of ABC licenses, will serve the public convenience and necessity of the members who live in the immediate area by providing them with such services and/or goods without the need for them to leave the apartment complex, rather they can enjoy such amenities by only walking to the Lounge. The limited hours, safeguards and membership rules and regulations, as well as the renowned management of the Irvine Company, will ensure the complete compliance with all laws, riles, regulations and/or conditions. Security The Lounge and surrounding pool area are equipped with security cameras,and the applicant will provide security to patrol the entirety of the property every night from 7 p.m. to 5 a.m. The apartment community will have a 244/7 guard house that will limit access to the community at all times to residents and their invited guests. The Lounge itself will be secured by locked entry points, and only residents who are club members will have access to enter the Lounge/pool via key/keycard. Any and all residents and their guests will be required to enter the Lounge/pool area through a single point of entry and shall first be required to register with a Lounge employee who will verify the resident's apartment number,the number of guests,tD check and given the appropriate wristband.In the event any residence,guest,and/or person remove their wristband at any time while in the Lounge or pool/spa area they will be approached by staff,have their ID checked and apartment or appropriate resident member verified. If they are a guest at the club without the member, they will be asked to leave. Any non-member or person who is not a member's invited guest shall be promptly asked to leave. Additional access keys will be provided to law enforcement and the Alcoholic Beverage Control to use at their discretion and to allow unfettered access to the subject site. Members shall be required to follow written rules and code of conduct for all members and their guests. Members shall be required, as part of their membership, to acknowledge and sign said rules which shall be maintained in the member's file.Violations of such rules may result in a loss of membership and use of the Lounge and pool. 33 PA2016-179 Page 4 Re: Justifications Letter—Villas Fashion Island October 11, 2016 Public Convenience There are no indications that the use has or will cause any undue burden upon the streets and highways or the traffic flow in the area. The operation of this location 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. Very truly ours, MUCH L AYAZ FMA:das 3.4 Attachment No. PC 4 Police Department Memorandum 35 V� QP �P 3C NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION 43 MEMORANDUM TO: Chelsea Crager, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: November 10, 2016 SUBJECT: Villas at Fashion Island 4200 and 7100 San Joaquin Plaza Use Permit No. 2016-045 (PA2016-179) At your request, the Police Department has reviewed the project application for the Villas at Fashion Island located at 4200 and 7100 San Joaquin Plaza, Newport Beach. Per the project description, the applicant is seeking a Conditional Use Permit to allow a food service restaurant with a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control License and a members-only poolside lounge area with a Type 57 (Special On Sale General). The proposed hours of operation are as follows: Cafe at 7120 San Joaquin Plaza Interior and exterior dining: 6:00 a.m. through 10:00 p.m., daily Lounge at 4200 San Joaquin Plaza 7:00 a.m. to 11:00 p.m. daily, with alcohol service from 12:00 p.m. through 9:00 p.m. An Operator License will not be required for this establishment since no late hours or live entertainment are proposed. 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 and a Type 57 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. 37 Villas at Fashion Island UP2016-045 Discussion and Recommendations The above statistical information is provided for educational reference and perspective. Reporting District 39 predominantly serves Newport Beach as an entertainment district and tourist destination. Recently, the Meridian and the Villas at Fashion Island residential projects have been approved which will raise the resident population in this RD significantly; therefore increasing the per capita ratio. i The Police Department takes no objection to this project as long as the below conditions of approval are met. This project will not include an Operator License so CUP conditions are essential. The alcohol licenses requested within this project will serve the 524 residences at the Villas at Fashion Island. This is an exclusive, high-end residential complex. While the Cafe is technically open to the public, access will be difficult as the intent is to serve the residents. The Police Department's main concern lies with the lounge. The applicant has outlined a wrist band program which will be employed in the lounge area in order to aid the staff in identifying members and their guests in order to adhere to the conditions of the Type 57 ABC License. The Police Department has recently worked with the Irvine Company and their consultant, Michael Ayaz on the Aqua Lounge Project within the Island Hotel. During the project, and now well into their second year of operation, Mr. Ayaz and the Island Hotel staff remain responsive to requests from the Police Department in order to mitigate public safety concerns. We believe we will continue to enjoy the same positive working relationship we have experienced with the applicant thus far. RECOMMENDED CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The hours of operation in the Cafe shall be limited to 6:00 a.m. through 10:00 p.m., daily 2. The hours of operation in the Lounge shall be limited to 7:00 a.m. to 11:00 p.m. daily, with alcohol service from 12:00 p.m. through 9:00 p.m. 3. 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 SR Villas at Fashion Island UP2016-045 4. Employees shall not be permitted to consume alcohol or be under the influence of alcohol at any time during their shift. 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 8. 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. 9. Cafe only: There shall be no reduced price alcoholic beverage promotions after 9:00 P.M. 10. Cafe only: Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 11. Cafe only: 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. 12. 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. 13. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 14. Strict adherence to maximum occupancy limit is required. I 15. The operator 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. 4 39 Villas at Fashion Island UP2016-045 16. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in all areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. 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. There shall be no live entertainment or dancing allowed on the premises. 19. Security Staff must be on premises during alcohol service hours and for 2 hours after alcohol service concludes. 20. Only members or their guests may be allowed in the lounge area. The operator must employ a system which will effectively regulate this requirement. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949)644-3705 or wjoe@nbpd.org. Wndy J e Poll C' ilian Investigator, Special Investigations Unit Jay Short Lieutenant, Detective Division 5 40 b O s` ,o °dill N ' a mm O °c N N Cd G y O N N ~ d f0 F- � Q lD ~ m N U fV N f0 R w .0 A Oi L•�L1 '{ m d a N � « m' o o a a OA RE W y� N /4 O fY0 R 6A Q N C GJd ry N y v LLJ u°aE � as U am0 � m CC .7 N •A u ;� v v n o m n c w Z N m c a •o ° E w �' ° �vj N N LLW U o Q C y > e N o °° 3 m a vNi A m N a E z G 16 i.y O m N 0 LL N N m °o. o c y 0 E o c m LV Zry '^ o o O ° •• u oz ovo Mig mL N N N Y y G C W C N p N O� a0 O M cr N O O1 w O l+ •- 3 y v O vt ti M N p In M NK a -9S¢ N N d eCp al fl $$ C H F O f a •= v N 0 N • A N Z iz j G G ° O .0 G U Y Cp ZN ,ryy O a u n c c 0 0 0 0 a cc c v a m � of m M A m 3 w c : ,�`°. v G �' a s a a z ¢ g z" • w w Z Z � O O o n z O 1 0 v~ _ O C LL O H Q ' Q a Z = f w e4 r-I IF— Q rn m ¢ u O O a0+ E E E 0 0 0 a � � o v w w L L L L 00 b0 b0 O] GI (D T Attachment No. PC 5 Reporting District Map 43 V� QP �P QO RD32 p�0 B ACKe RD37 �o RD38 �n a qy o > m ✓O9 9 z p � cFy GyyP9< GOP Bl6fC4/VrO �i off' S a� 3; z' RD39 R D41 RD51 t NEWPp0. s� aoryNIFOoGNgs 1. oop� mvo RD53 2 F,r ry oa �0 R2 4 kyr = a t, oq a RD47 -RD42 ap �ERrf t F RD43 r° � Q O PARKAV& � E/ III I\ m gRe0;O BAY.FRONT.S RD44 w�q 7 f Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to ��E�'PORT any results obtained in its use. m 0 1,000 2,000 ' Imagery: 2009-2013 photos provided by Eagle a„ Feet Imaging www.eagieaerial.com ��IFOPN� 11/29/2016 45 V� QP �P Attachment No. PC 6 Project Plans 47 V� QP �P �g PA2 - - s POWEFBSIGNALPUNSHEETNOTES enxmwean�<�on mn� awe.me mwlu ism I IN ..._f f "' ' I�e AT FASHION L � ISLAND II' POWER&SIGNN.P KEY NOTES .koo�'w".N•n... Ic—+JI �i�� r ,/� ���.� � .;7 pen .mhm,��.,.�m.w�..�w�an•,�n� C , Ord O� _ J "�e,• PPVNIBSGWIPUN /.l 0.Ttl � HOOF FINISH PUN SHEET NOTES FLOOR 9N9H PUN KEY NOTES OO��nu.nm•« Omm m iO�awwnu=w�W.ncasw UU.&DINixc cwe-P=M. a NNIBH PIPN 0 F=MGK" y w.IA2.1.2 PA2D-l_6-17_9 Attachment o S 6) - Pro act Plais FLWRPLgN GENERAL N0iE5 �e'cev�mW.® °".ew.Xvwru."•ww rnwam.y F .pie:Mmo®.r..wrsrVnw..rnam. Onw.e ® 1-'.Slla3ai'."�.um'C'�.r.W..l="e::u m"eu. rm rJ.5 i��re�nm�ov®e.e_�vvw_ w✓nnma� 97F., a i°aTxeuw wom am"ruemmm`�r J.e I66'/i FSi sSSw va' wn.�` r „,.a...,,——_._.wwwwww..�.. JYt kOOR PLN SHUT NOTM NOT IN SCOPE ® wweem•wr..ew�ww.m....rr wm ❑ ll'' n'T '� d i.nna Li I C p I Y L------------- I .Y� ��I ED L---J ❑ o ❑ ® MIS�p;,,w Ld FLOOR PLAN ID-2.3.1 1ym:vrsa �._._'n„,•J�"w,T�'......"""p`'' ........—,".ter PA2016-179 Attachment No. PC 6 - Project Plans SAN JOAQUIN HILLS RD , 1 1. Lu/ n .'..... P OPERTYU E -- Wi fl ° cicuxo ° � . .. I a. e rIETH1 ON ,�I/I 'I[ rl�.-_�, D ' BUI�DINGL �• II . • Its G 1-�I- 71�S.. I D, \ I .'I Ili vl U Z o i_ u I- z II _ ' t -� s I ODIUM � Q _ 3 y B vl �1 Q c , F 6d UILDI R I t6 ] ---- r ex- I - e> rI c 1c � QI ¢� C� ILS` IC `'fTJk o DO PODIUM 1 = r LEVAG0C ' I I II` a ` -- _:`°--I`" Ill 'i I� IIc dw,.r o, ELBUILDING � of ....,� I �I �� � L �� J ;I,.. �I BUILDIN 15� c j ". + LI - e IDI / Q �P D I I\.�✓ � � � �__.BUIL�NG•{=— i C� a `�.r ..1\:�� `. c 1 3P ``V __ ETRAf,�(IfNF� _AD \\O co m. �I / / ,®, SITE 8 PODIUM PLAN ' OVERPLL PODIUM FLOOR PIAN-ALI - 1 AIDC AAAMW grITIP w.Tm..o1-1 F Z w J 91TE PfAN NOTES - STC LEGENO 01 PA2016-179 Attachment No. PC 6 - Project Plans I , _. 0 t � � tr - - f:'" ! '-p="�'l� �a..�f� 4����:'�.I l: �" y.,� a.. i;: i. 1� {.�' '�.�•JJ - I --..- .y(, i �I - _ �.� ' . " ..HH.33TT u ... �e Ow ! t v;tlr Ire I ' L, __yam � ..-.. .. .-� t- .' '. .• +x^.p: .:y �'- I PA2016-179 Attachment No. PC 6 - Project Plans Mol Elgi IL I A Fo 0 Back of jouse ° a❑ •oma M °I 07O o .O Gate - 36" high, self-closing Cafe ❑ O • OCCI COO o0 0 Gate - 36"high, self-closing DC�a 000 o 0 0 • • • 60-6 • • • ii p �N ABC Barrier - 36" high PF �3 Planning Commission -December 8,2016 Item No.4a Additional Materials Received �WpThe Villas Fashion Island Conditional Use Permit(PA2016-179) CITY C. y0 e� COMMUNITY DEVELOP+ .IGT F f n 100 Civic Center Drive Newport Beach,California 92660 4W `p. 949 644-3200 Gq<�F00.P newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Chelsea Crager, Assistant Planner Date: December 2, 2016 Re: Villas Fashion Island Conditional Use Permit (PA2016-179) On December 2, 2016 a representative for Villas at Fashion Island, LLC (applicant) requested to continue the hearing on the project to the Planning Commission meeting of January 19, 2017. The applicant intends to modify the conditional use permit request. Attachment: Applicant's request for continuance Community Development Planning Commission -December S,2016 Item No.4a Additional Materials Received The Villas Fashion Island Conditional Use Permit(PA2016-179) BLAKE & AYAZ A LAW CORPORATION 2107 NORTH BROADWAY,SUITE 106 SANTA ANA,CALIFORNIA 92706 EMAIL: abclaw@rablake.com TELEPHONE: (714)667-7171 FACSIMILE: (714)667-0477 December 2, 2016 File No. 2680-2 Community Development Department Planning Division 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Transmittal Letter re: Conditional Use Permit Application Villas at Fashion Island LLC, 4200 San Joaquin Plaza,Newport Beach Dear Ms. Crager, The above named applicant respectfully requests a continuance of the conditional use permit application hearing set before the honorable Newport Beach Planning Commission on December 8, 2016. The request for the continuance is to allow a change in the type of ABC license proposed at the property, specifically the Cafe. We are working with the California Department of Alcoholic Beverage Control to change the classification of the Cafe ABC liquor license from a Type 41 On-Sale Beer and Wine Eating Place (which would allow for public access)to include the Cafe under the same Type 57- Special On-Sale General licenses currently being applied for in the same CUP application. This proposed change would limit access to the cafe, pool and lounge areas to residents and resident's guests, rather than to the general public. We believe that we can resolve this issue with ABC in the corning weeks, if not days and the additional time would permit the modification and further clarification of the request. We would respectfully request that this item be placed on the calendar for the January 19, 2017 hearing. Thank you. Very tru yours, i M1 EL AYAZ 24909 1