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HomeMy WebLinkAbout4.0_Villas Fashion Island Use Permit Amendment _PA2017-128 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 17, 2017 Agenda Item No. 4 SUBJECT: Villas Fashion Island Use Permit Amendment (PA2017-128) SITE LOCATION: 4200 San Joaquin Plaza  Conditional Use Permit No. UP2017-017  Operator License No. OL2017-003 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 An amendment to Use Permit No. 2016-045 to allow live entertainment and an outdoor speaker system at the Villas Fashion Island, a residential apartment complex. The previously approved use permit permitted a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. There are no late hours (after 11 p.m.) proposed. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. _ approving Conditional Use Permit No. UP2017-017 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Villas Fashion Island Conditional Use Permit Amendment Planning Commission, August 17, 2017 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed Use Horizontal (MU- H3) North Newport Center (PC-56) Apartment Complex NORTH General Commercial (CG) and Single-Unit Residential Attached (RS-A) Commercial General (CG) and Low Medium Density Residential Are of Big Canyon (PC-8) Gas Station and Residential SOUTH Private Institutions (PI) San Joaquin Plaza (PC-19) Orange County Museum of Art EAST Mixed Use Horizontal (MU- H3) North Newport Center (PC-56) Offices WEST Public Facilities (PF) Public Facilities(PF) Newport Beach Police Department, Newport Beach Fire Department 3 Villas Fashion Island Conditional Use Permit Amendment Planning Commission, August 17, 2017 Page 3 INTRODUCTION Project Setting The Villas Fashion Island is located on a 14.48-acre parcel at the southeasterly intersection of Jamboree Road and San Joaquin Hills Road. Construction is nearly complete and some of the 524 units are occupied. The apartment complex is a gated community consisting of seven four-story buildings with a two-level parking structure and is accessible through a staffed security gate off San Joaquin Hills Road. 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. Background The Planning Commission approved Use Permit No. UP2016-045 (Attachment No. PC 3) on January 19, 2017 which allowed a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. The use permit included conditions that prohibited late hours (after 11 p.m.), live entertainment, dancing, and an outdoor loudspeaker system. The café and cocktail lounge are open to residents and their guests only. A site plan indicating the approved ABC license locations is included in Attachment No. PC 6. Project Description The request is to allow live entertainment and an outdoor sound system throughout the apartment complex. Specifically, the applicant requests that the following conditions of approval from Use Permit No. UP2016-045 be revised:  “That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility.”  “There shall be no live entertainment or dancing on the premises.” Live Entertainment The applicant requests the ability to have regular live entertainment for special events on the property. Live entertainment may include musicians, DJs, stilt-walkers, or other performers. Live entertainment is proposed to be primarily located in common areas (highlighted in attachment No. PC 6), but may also take place throughout the property with mobile entertainment (e.g. magicians, jugglers, stilt walkers). The applicant does not propose late hours (after 11 p.m.). Live entertainment is intended for residents and their guests only. An example included in the applicant’s project description describes a midweek gathering for residents and their guests with live background music. Presently, the applicant must apply for a Special 4 Villas Fashion Island Conditional Use Permit Amendment Planning Commission, August 17, 2017 Page 4 Event Permit for each individual live entertainment event. Since opening, two Special Event Permits have been issued, and one is currently being processed. Outdoor Sound System The applicant proposes the deletion of a condition prohibiting an outdoor sound system, loudspeakers, and paging system in order to regularly play music throughout the property. Speakers are installed throughout the common areas and may be used to play prerecorded or live music. Additionally, live entertainment acts will often require use of an outdoor sound system. The sound system is not proposed to be used after 11 p.m. DISCUSSION Analysis Consistency with the General Plan and Zoning Code The subject property is located in the North Newport Center Planned Community (PC- 56), Sub-Area San Joaquin Plaza. Within the San Joaquin Plaza Sub-Area of the North Newport Planned Community, bars and cocktail lounges and eating and drinking establishments with service of alcohol require approval of a conditional use permit. Because live entertainment is proposed, an amendment to the Conditional Use Permit and an Operator’s License are required. The property is designated Mixed-Use Horizontal (MU-H3) by 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 live entertainment and outdoor speakers are accessory to the approved multi-family residential development and are therefore consistent with this designation. Police Department Review The Newport Beach Police Department provided a staff memorandum regarding the applicant’s request (Attachment No. PC 5). The Police Department has no concerns with the application as proposed and is processing the Operator License application. Conditional Use Permit Findings 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; 5 Villas Fashion Island Conditional Use Permit Amendment Planning Commission, August 17, 2017 Page 5 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 live entertainment and outdoor speaker system are consistent with the Mixed Use Horizontal (MU-H3) General Plan Land Use Designation and San Joaquin Plaza Sub-Area of the North Newport Center Planned Community in that it will provide a service accessory to the new luxury apartment complex. The common areas where live entertainment and music may take place are separated from nearby uses by the apartment buildings of the complex, are accessible only through the security gate on San Joaquin Hills Road, and will serve residents of the development and their guests. The live entertainment and outdoor music will not operate after 11 p.m. 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 This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 6 Villas Fashion Island Conditional Use Permit Amendment Planning Commission, August 17, 2017 Page 6 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: __________________________________ Brenda Wisneski, Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Use Permit No. UP2016-045 PC 4 Project Description PC 5 August 1, 2017 Police Department Memorandum PC 6 Project Plans 11/18/16 7 INTENTIONALLY BLANK PAGE8 Attachment No. PC 1 Draft Resolution with Findings and Conditions 9 INTENTIONALLY BLANK PAGE10 RESOLUTION NO. 2017-#### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-017 FOR THE ADDITION OF LIVE ENTERTAINMENT AND OUTDOOR SPEAKER SYSTEM TO EXISTING EATING AND DRINKING ESTABLISHMENTS, LOCATED AT 4200 SAN JOAQUIN PLAZA (PA2017-128) 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 (“Applicant”), with respect to property located at 4200 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-105 (the “Property”), requesting approval of a conditional use permit. 2. The applicant proposes an amendment to Use Permit No. 2016-045 to allow live entertainment and an outdoor speaker system at the Villas Fashion Island, a residential apartment complex. The previously approved use permit permitted a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. There are no late hours (after 11 p.m.) proposed. 3. The 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 Property is not located within the coastal zone. 5. A public hearing was held on August 17, 2017, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA)) under Class 1 (Existing Facilities) of the Guidelines for CEQA. 2. The Class 1 exemption authorizes the operation, repair, maintenance and minor alteration of existing buildings. The proposed uses will be located within an existing development with only minor alterations required to accommodate the new use. SECTION 3. REQUIRED FINDINGS. 11 Planning Commission Resolution No. 2017-#### Page 2 of 9 In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for the subject property is Mixed-Use Horizontal (MU-H3), 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 live entertainment and outdoor speaker system are accessory to the approved multi-family residential development and are therefore consistent with this designation. Finding: B. 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 Sub-Area of the North Newport Center Planned Community (PC-56). The live entertainment and outdoor speaker system are accessory uses that will serve the residents and guests of the Villas Fashion Island apartment complex only. The uses are a support use for the new residential development and are therefore consistent with the purposes of the North Newport Center Planned Community San Joaquin Plaza Sub-Area. 2. The residential development was constructed with a surplus of 150 parking spaces. The live entertainment is a support use to the residential project. Support 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 Sub-Area of the North Newport Center Planned Community. The sale of alcohol requires approval of a conditional use permit. The addition of live entertainment and an outdoor speaker system requires an amendment to the previously approved conditional use permit. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 12 Planning Commission Resolution No. 2017-#### Page 3 of 9 1. The live entertainment will serve residents and their guests only, and will therefore serve as a support use to the residential apartments. 2. The live entertainment and outdoor music will not operate with late hours (after 11 p.m.). 3. Live entertainment will be located primarily in the common areas of the development (e.g. lawns, pool areas) and is substantially separated from surrounding properties by the apartment buildings. 4. 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. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 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. 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: E. 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. 13 Planning Commission Resolution No. 2017-#### Page 4 of 9 2. The live entertainment and outdoor speaker system will be support uses to the multi- family residential development, Villas Fashion Island. Both will only be available to residents of the development and their guests. Access to the apartment complex 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. UP2017-017, 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 17th DAY OF AUGUST, 2017. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Erik Weigand, Secretary 14 Planning Commission Resolution No. 2017-#### Page 5 of 9 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. UP2017-017 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. 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 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. Live entertainment events shall be open to residents and their guests only. 8. There shall be no dancing or dance floor, except as permitted through issuance of a Special Event Permit. 9. Live entertainment and the outdoor sound system shall not operate after 11 p.m. 10. 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. 11. A copy of this approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 12. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 15 Planning Commission Resolution No. 2017-#### Page 6 of 9 13. 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. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. 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). 17. 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. 18. 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. 16 Planning Commission Resolution No. 2017-#### Page 7 of 9 19. 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. 20. 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 Amendment including, but not limited to, Conditional Use Permit No. UP2017-017 (PA2017-128). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Division 21. 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). 22. 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. The existing architectural plans (plan check 2935-2013) occupant load must be revised. The revision is to include the proposed occupant load (assembly) for the requested live entertainment areas. This would include areas such as the pool deck, café, cocktail lounge or any other areas where public assembly/live entertainment is proposed. The current occupant loads, which were established for 2935-2013, did not accommodate live entertainment. 24. The Fire Department needs to approve each entertainment area (place of assembly). Areas for the live entertainment will need to be established prior to the event within a plan revision. Thus, limitations will need to be set for the locations of the various entertainment areas. Many areas are acceptable, but must be shown and approved within a revision to plan check 2935-2013. The revision must include the proposed seating arrangements, occupant load limits, tables, dance floors, etc. 17 Planning Commission Resolution No. 2017-#### Page 8 of 9 25. Temporary tents, air supported, air-inflated or tensioned membrane structures shall not be erected for a period of more than 180 days within a 12-month period on single premises. California Fire Code (CFC) 3103.5. 26. Tents and membranes having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official CFC 3103.2. 27. Tents must meet all requirements of CFC Chapter 31. 28. Open flame or other devices emitting flame, heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of a tent or membrane structure CFC 3104.7 29. Temporary stage canopies of 400 square feet or more require a fire permit and shall comply with CFC Section 3105. 30. Outdoor cooking with propane will require a permit from the fire department. CFC 105.6.28. 31. Cooking shall be located a minimum of 20 feet from any permanent structure. 32. Charcoal barbeque cooking shall be located a minimum of 15 feet from any permanent structure and 10 feet from a tent. 33. Charcoal barbeque or cooking is prohibited inside of any structure or tent. 34. Fire extinguishers will be required throughout the live entertainment site and located as per the fire department’s recommendations. 35. Outdoor locations of uses shall comply with the emergency preparedness requirements set forth in CFC Section 403. 36. An emergency guide is required for R-2 occupancies. Fire emergency guides shall describe the following: a. Locations of fire protection equipment such as portable fire extinguishers that are accessible to residents. b. Assign an on-site person and alternates that will call 911 in the event of an emergency. Provide these names on the emergency guide. c. Locations of on-site emergency power for lighting. A permit shall be obtained through the Building Division. d. Guides shall include an emergency evacuation plan for each outdoor event area. CFC Section 403.10.2.2.3. 37. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. CFC Section 403.10.2.2.3. 18 Planning Commission Resolution No. 2017-#### Page 9 of 9 38. Emergency guides shall be reviewed and approved by the Fire Department. 39. Extension cords, used in accordance with the Fire Code, shall be properly taped to the ground to reduce tripping hazards. 40. Decorations shall not obstruct exits or fire protection equipment; including fire extinguishers, fire sprinklers, fire alarm pull stations, fire hose stations, or emergency lighting and exit signs. 41. Smoke machines may not be used for special effects unless approved by the Fire Department prior to the event. 42. Decorative fabrics used must be flame resistant and listed by the State Fire Marshal. 43. Open flame decorative devices (candles, torches, etc.) must be permitted by the fire department and meet requirement of CFC Section 308.3.1. A permanent condition with an open flame device can be pre-approved and permitted for continued use through the Fire Department. However, a new permit and inspection of proposed device will be required prior to the use of added open flame devices. 19 INTENTIONALLY BLANK PAGE20 Attachment No. PC 2 Draft Resolution for Denial 21 INTENTIONALLY BLANK PAGE22 RESOLUTION NO. 2017-#### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. UP2017-017 FOR THE ADDITION OF LIVE ENTERTAINMENT AND OUTDOOR SPEAKER SYSTEM TO EXISTING EATING AND DRINKING ESTABLISHMENTS, LOCATED AT 4200 SAN JOAQUIN PLAZA (PA2017-128) 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 (“Applicant”), with respect to property located at 4200 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-105 (the “Property”), requesting approval of a conditional use permit. 2. The applicant proposes an amendment to Use Permit No. 2016-045 to allow live entertainment and an outdoor speaker system at the Villas Fashion Island, a residential apartment complex. The previously approved use permit permitted a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. There are no late hours (after 11 p.m.) proposed. 3. The 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 Property is not located within the coastal zone. 5. A public hearing was held on August 17, 2017 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. 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: 23 Planning Commission Resolution No. 2017-#### Page 2 of 2 05-26-2016 1. The Planning Commission determined, in this case, that the addition of live entertainment and an outdoor speaker system in conjunction 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. UP2017-017 (PA2017-128). 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 17TH DAY OF AUGUST, 2017. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Erik Weigand, Secretary 24 Attachment No. PC 3 Use Permit No. UP2016-045 25 INTENTIONALLY BLANK PAGE26 RESOLUTION NO. 2042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT -NO.-11P_2016-045_ FOR THE ESTABLISHMENT OF A CAFE AND A COCKTAIL LOUNGE WITH A TYPE 57 ALCOHOLIC BEVERAGE CONTROL LICENSE, LOCATED AT 4200 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 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 and a poolside cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license at the Villas Fashion Island, a residential apartment complex. The cafe is located near the center of the residential development with proposed hours of operation of 6:00 a.m. to 9:00 p.m., daily. The cocktail lounge has proposed hours of operation of 7:00 a.m. to 11:00 p.m., daily. Alcohol service at the pool would be from 12:00 p.m. to 9:00 p.m. Both establishments will be open to residents and their guests only. Late hours, live entertainment and dancing are not a part of this application. 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 January 19, 2017, 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 27 Planning Commission Resolution No. 2042 Page 2 of 12 square feet in floor area. The proposed cafe and cocktail 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(C)(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 apartment complex is separated from the nearby residential zoning 28 Planning Commission Resolution No. 2042 Page 3 of 12 district by San Joaquin Hills Road. 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. L 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-H3), 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 cocktail 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 cocktail lounge with alcoholic beverage sales is a commercial use that will serve the residents and guests of the Villas Fashion Island apartment complex only. The uses are a support use for the approved new 29 Planning Commission Resolution No. 2042 Page 4 of 12 residential development 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. The cafe and cocktail lounge are support uses to the residential project. Support 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. 4. Bars and cocktail lounges are permitted with approval of a conditional use permit within the San Joaquin Subarea of the North Newport Planned Community. As a support use of the residential development, they are not counted toward the square footage development limits of the subarea. Findincr 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, and so that the establishments will only serve residents and guests of the apartment complex. 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 cocktail 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. 30 Planning Commission Resolution No. 2042 Page 5 of 12 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. 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 cocktail lounge will be a support use to the multi-family residential development, Villas Fashion Island. Both establishments will only be available to residents of the development and their guests and will provide an adequate security plan. Access to the apartment complex 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. 31 Planning Commission Resolution No. 2042 Page 6 of 12 PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF JANUARY, 2017. AYES: Koetting, Kramer, Lawler and Weigand NOES: Dunlap ABSTAIN: None ABSENT: Hillgren and Zak BY: 77 ory Kim r, C airman BY:4 Peter k, Secreta 32 Planning Commission Resolution No. 2042 Page 7 of 12 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 33 Planning Commission Resolution No. 2042 Page 8 of 12 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. 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. 15. Alcohol shall be available to members (residents) and their guests only. Membership shall be verified at point of sale. 16. Lounge only: Off-site sale of alcohol shall not be permitted. 17. 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. 18. 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 50dBA100feetofacommercialproperty Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 34 Planning Commission Resolution No. 2042 Page 9 of 12 19. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 20. 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). 21. 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. 22. 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. 23. 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. 24. 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 Department 25. The hours of operation in the Cafe shall be limited to 6:00 a.m. through 9:00 p.m., daily. 26. The hours of operation in the Lounge shall be limited to 7:00 a.m. to 11:00 p.m., daily. 35 Planning Commission Resolution No. 2042 Page 10 of 12 27. The hours of the alcohol service specific to the pool area shall be limited to 12:00 p.m. to 9:00 p.m., daily. 28. 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. 29. Employees shall not be permitted to consume alcohol or be under the influence of alcohol at any time during their shift. 30. Approval does not permit the premises to operate as a "bar, tavern, cocktail lounge or nightclub" as defined by the Newport Beach Municipal Code. The Newport Beach Municipal Code defines bars, lounges, and nightclubs as an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e. ABC License Type 42 ( On-Sale Beer and Wine — Public Premises), ABC License Type 48 (On-Sale General — Public Premises), and ABC License Type 61 On-Sale Beer— Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 31. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 32. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 33. 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. 34. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 35. Cafe only: Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 36. 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. 36 Planning Commission Resolution No. 2042 Page 11 of 12 37. Cafe only: All alcohol sales are limited to beer and wine only. 38. Lounge only: Alcoholic beverages shall be served in non-glass containers that are easily distinguishable from those that contain non-alcoholic beverages. This would include beer bottles. 39. There shall be no on-site 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. 40. Strict adherence to maximum occupancy limit is required. 41. 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. 42. 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. 43. 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. 44. There shall be no live entertainment or dancing allowed on the premises. 45. Security Staff must be on the premises during alcohol service hours and for 2 hours after alcohol service concludes. 46. Security cameras with at least a two week retention period must be installed in and around the alcohol consumption area in the Lounge. Those recordings shall be made available to police upon request in a timely manner. 47. Only members and their guests may be allowed in the lounge area. Membership must be proven at point of sale. Building Division 48. 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). 37 Planning Commission Resolution No. 2042 Page 12 of 12 49. 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 38 Attachment No. PC 4 Project Description 39 INTENTIONALLY BLANK PAGE40 PA2017-128 41 PA2017-128 42 PA2017-128 43 INTENTIONALLY BLANK PAGE44 Attachment No. PC 5 August 1, 2017 Police Department Memorandum 45 INTENTIONALLY BLANK PAGE46 47 INTENTIONALLY BLANK PAGE48 Attachment No. PC 6 Project Plans 49 INTENTIONALLY BLANK PAGE50 ON SITE SALES AND SERICES OF ALCOHOLIC BEVERAGES UNDER EXISTING ABC LIQUOR LICENSE (EXCLUSIVE OF CATERED EVENTS ON PROPERTY) EXISTING AND APPROVED ABC LOCATIONS PA2017-128 Attachment No. PC 6 - Project Plans 51 PRIMARY ENTERTAINMENT LOCATIONS PRIMARY ENTERTAINMENT LOCATION DETAIL PA2017-128 Attachment No. PC 6 - Project Plans 52 Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Chelsea Crager, Assistant Planner Date: August 10, 2017 Re: Villas Fashion Island CUP Amendment (PA2017-128) Please replace Attachment A with the attached resolution which has been revised to supersede Use Permit No. UP2016-045. The updated draft resolution includes conditions of approval and alcohol-related findings from Use Permit No. UP2016- 045. The new conditions are as follows: Planning Division 1. Live entertainment events shall be open to residents and their guests only. 2. There shall be no dancing or dance floor, except as permitted through issuance of a Special Event Permit. 3. Live entertainment shall be primarily located in the common areas as shown on the approved site plan and shall operate as an accessory use to the residential property. 4. Live entertainment and the outdoor sound system shall not operate after 11 p.m. Fire Division 5. The existing architectural plans (plan check 2935-2013) occupant load must be revised. The revision is to include the proposed occupant load (assembly) for the requested live entertainment areas. This would include areas such as the pool deck, café, cocktail lounge or any other areas where public assembly/live entertainment is proposed. The current occupant loads, which were established for 2935-2013, did not accommodate live entertainment. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Tmplt:-02/05/15 6. The Fire Department needs to approve each entertainment area (place of assembly). Areas for the live entertainment will need to be established prior to the event within a plan revision. Thus, limitations will need to be set for the locations of the various entertainment areas. Many areas are acceptable, but must be shown and approved within a revision to plan check 2935-2013. The revision must include the proposed seating arrangements, occupant load limits, tables, dance floors, etc. 7. Temporary tents, air supported, air-inflated or tensioned membrane structures shall not be erected for a period of more than 180 days within a 12-month period on single premises. California Fire Code (CFC) 3103.5. 8. Tents and membranes having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official CFC 3103.2. 9. Tents must meet all requirements of CFC Chapter 31. 10. Open flame or other devices emitting flame, heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of a tent or membrane structure CFC 3104.7. 11. Temporary stage canopies of 400 square feet or more require a fire permit and shall comply with CFC Section 3105. 12. Outdoor cooking with propane will require a permit from the fire department. CFC 105.6.28. 13. Cooking shall be located a minimum of 20 feet from any permanent structure. 14. Charcoal barbeque cooking shall be located a minimum of 15 feet from any permanent structure and 10 feet from a tent. 15. Charcoal barbeque or cooking is prohibited inside of any structure or tent. 16. Fire extinguishers will be required throughout the live entertainment site and located as per the fire department’s recommendations. 17. Outdoor locations of uses shall comply with the emergency preparedness requirements set forth in CFC Section 403. 18. An emergency guide is required for R-2 occupancies. Fire emergency guides shall describe the following: a. Locations of fire protection equipment such as portable fire extinguishers that are accessible to residents. b. Assign an on-site person and alternates that will call 911 in the event of an emergency. Provide these names on the emergency guide. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Tmplt:-02/05/15 c. Locations of on-site emergency power for lighting. A permit shall be obtained through the Building Division. 19. Guides shall include an emergency evacuation plan for each outdoor event area. CFC Section 403.10.2.2.3. 20. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. CFC Section 403.10.2.2.3. 21. Emergency guides shall be reviewed and approved by the Fire Department. 22. Extension cords, used in accordance with the Fire Code, shall be properly taped to the ground to reduce tripping hazards. 23. Decorations shall not obstruct exits or fire protection equipment; including fire extinguishers, fire sprinklers, fire alarm pull stations, fire hose stations, or emergency lighting and exit signs. 24. Smoke machines may not be used for special effects unless approved by the Fire Department prior to the event. 25. Decorative fabrics used must be flame resistant and listed by the State Fire Marshal. 26. Open flame decorative devices (candles, torches, etc.) must be permitted by the fire department and meet requirement of CFC Section 308.3.1. A permanent condition with an open flame device can be pre-approved and permitted for continued use through the Fire Department. However, a new permit and inspection of proposed device will be required prior to the use of added open flame devices. Attachment: Draft Resolution for Approval Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) RESOLUTION NO. 2017-#### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-017 FOR THE ADDITION OF LIVE ENTERTAINMENT AND OUTDOOR SPEAKER SYSTEM TO EXISTING EATING AND DRINKING ESTABLISHMENTS, LOCATED AT 4200 SAN JOAQUIN PLAZA (PA2017-128) 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 (“Applicant”), with respect to property located at 4200 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-105 (the “Property”), requesting approval of a conditional use permit. 2. The applicant proposes an amendment to Use Permit No. 2016-045 to allow live entertainment and an outdoor speaker system at the Villas Fashion Island, a residential apartment complex. The previously approved use permit permitted a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. There are no late hours (after 11 p.m.) proposed. 3. The 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 Property is not located within the coastal zone. 5. On January 19, 2017, subsequent to a noticed public hearing and consideration of evidence, both written and oral, the Planning Commission approved Use Permit No. UP2016-045 permitted a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. 6. A public hearing was held on August 17, 2017, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA)) under Class 1 (Existing Facilities) of the Guidelines for CEQA. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 2 of 13 2. The Class 1 exemption authorizes the operation, repair, maintenance and minor alteration of existing buildings. The proposed uses will be located within an existing development with only minor alterations required to accommodate the new use. 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(C)(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 apartment Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 3 of 13 complex is separated from the nearby residential zoning district by San Joaquin Hills Road. 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 includes some residential developments but contains all of North Newport Center, including Fashion Island that is development with restaurants, hotels and markets that hold ABC licenses. 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 live entertainment and service of alcohol is intended for residents of the apartment complex and their guests. Operational conditions of approval relative to live entertainment and 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-H3), 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 live entertainment and outdoor speaker system 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: Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 4 of 13 1. The project is located in the San Joaquin Plaza Sub-Area of the North Newport Center Planned Community (PC-56). The live entertainment and outdoor speaker system are accessory uses that will serve the residents and guests of the Villas Fashion Island apartment complex only. The uses are a support use for the new residential development and are therefore consistent with the purposes of the North Newport Center Planned Community San Joaquin Plaza Sub-Area. 2. The residential development was constructed with a surplus of 150 parking spaces. The live entertainment is a support use to the residential project. Support 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 Sub-Area of the North Newport Center Planned Community. The sale of alcohol requires approval of a conditional use permit. The addition of live entertainment and an outdoor speaker system requires an amendment to the previously approved 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 live entertainment will serve residents and their guests only, and will therefore serve as a support use to the residential apartments. 2. The live entertainment and outdoor music will not operate with late hours (after 11 p.m.). 3. Live entertainment will be located primarily in the common areas of the development (e.g. lawns, pool areas) and is substantially separated from surrounding properties by the apartment buildings. 4. 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. 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. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 5 of 13 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 live entertainment and outdoor speaker system will be support uses to the multi-family residential development, Villas Fashion Island. Both will only be available to residents of the development and their guests. Access to the apartment complex 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. UP2017-017, 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. 3. This resolution supersedes Use Permit No. UP2016-045 as approved by the Planning Commission on January 19, 2017, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF AUGUST, 2017. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 6 of 13 AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Erik Weigand, Secretary Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 7 of 13 EXHIBIT “A” CONDITIONS OF APPROVAL Project-Specific Conditions Italicized 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. UP2017-017 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. 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 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. 6. The café shall be limited to 1,150 square feet of interior net public area and 650 square feet of outdoor patio public area. 7. The lounge shall be limited to 1,300 square feet of interior net public area and the 12,300- square-foot outdoor pool area. 8. Alcohol shall be available to members (residents) and their guests only. Membership shall be verified at point of sale. 9. Lounge only: Off-site sale of alcohol shall not be permitted. 10. 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. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 8 of 13 11. Any change in operational characteristics 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. 12. Live entertainment events shall be open to residents and their guests only. 13. There shall be no dancing or dance floor, except as permitted through issuance of a Special Event Permit. 14. Live entertainment shall be primarily located in the common areas as shown on the approved site plan and shall operate as an accessory use to the residential property. 15. Live entertainment and the outdoor sound system shall not operate after 11 p.m. 16. 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. 17. A copy of this approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 18. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 19. 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. 20. 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. 21. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 9 of 13 Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. 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). 23. 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. 24. 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. 25. 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. 26. 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 Amendment including, but not limited to, Conditional Use Permit No. UP2017-017 (PA2017-128). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Division 27. 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 Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 10 of 13 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). 28. 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. 29. The existing architectural plans (plan check 2935-2013) occupant load must be revised. The revision is to include the proposed occupant load (assembly) for the requested live entertainment areas. This would include areas such as the pool deck, café, cocktail lounge or any other areas where public assembly/live entertainment is proposed. The current occupant loads, which were established for 2935-2013, did not accommodate live entertainment. 30. The Fire Department needs to approve each entertainment area (place of assembly). Areas for the live entertainment will need to be established prior to the event within a plan revision. Thus, limitations will need to be set for the locations of the various entertainment areas. Many areas are acceptable, but must be shown and approved within a revision to plan check 2935-2013. The revision must include the proposed seating arrangements, occupant load limits, tables, dance floors, etc. 31. Temporary tents, air supported, air-inflated or tensioned membrane structures shall not be erected for a period of more than 180 days within a 12-month period on single premises. California Fire Code (CFC) 3103.5. 32. Tents and membranes having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official CFC 3103.2. 33. Tents must meet all requirements of CFC Chapter 31. 34. Open flame or other devices emitting flame, heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of a tent or membrane structure CFC 3104.7 35. Temporary stage canopies of 400 square feet or more require a fire permit and shall comply with CFC Section 3105. 36. Outdoor cooking with propane will require a permit from the fire department. CFC 105.6.28. 37. Cooking shall be located a minimum of 20 feet from any permanent structure. 38. Charcoal barbeque cooking shall be located a minimum of 15 feet from any permanent structure and 10 feet from a tent. 39. Charcoal barbeque or cooking is prohibited inside of any structure or tent. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 11 of 13 40. Fire extinguishers will be required throughout the live entertainment site and located as per the fire department’s recommendations. 41. Outdoor locations of uses shall comply with the emergency preparedness requirements set forth in CFC Section 403. 42. An emergency guide is required for R-2 occupancies. Fire emergency guides shall describe the following: a. Locations of fire protection equipment such as portable fire extinguishers that are accessible to residents. b. Assign an on-site person and alternates that will call 911 in the event of an emergency. Provide these names on the emergency guide. c. Locations of on-site emergency power for lighting. A permit shall be obtained through the Building Division. d. Guides shall include an emergency evacuation plan for each outdoor event area. CFC Section 403.10.2.2.3. 43. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. CFC Section 403.10.2.2.3. 44. Emergency guides shall be reviewed and approved by the Fire Department. 45. Extension cords, used in accordance with the Fire Code, shall be properly taped to the ground to reduce tripping hazards. 46. Decorations shall not obstruct exits or fire protection equipment; including fire extinguishers, fire sprinklers, fire alarm pull stations, fire hose stations, or emergency lighting and exit signs. 47. Smoke machines may not be used for special effects unless approved by the Fire Department prior to the event. 48. Decorative fabrics used must be flame resistant and listed by the State Fire Marshal. 49. Open flame decorative devices (candles, torches, etc.) must be permitted by the fire department and meet requirement of CFC Section 308.3.1. A permanent condition with an open flame device can be pre-approved and permitted for continued use through the Fire Department. However, a new permit and inspection of proposed device will be required prior to the use of added open flame devices. Police Department 50. The hours of operation in the Café shall be limited to 6:00 a.m. through 9:00 p.m., daily. 51. The hours of operation in the Lounge shall be limited to 7:00 a.m. to 11:00 p.m., daily. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 12 of 13 52. The hours of the alcohol service specific to the pool area shall be limited to 12:00 p.m. to 9:00 p.m., daily. 53. 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. 54. Approval does not permit the premises to operate as a “bar, tavern, cocktail lounge or nightclub” as defined by the Newport Beach Municipal Code. The Newport Beach Municipal Code defines bars, lounges, and nightclubs as an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e. ABC License Type 42 (On-Sale Beer and Wine – Public Premises), ABC License Type 48 (On-Sale General – Public Premises), and ABC License Type 61 (On-Sale Beer – Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 55. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 56. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 57. 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. 58. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 59. Café only: Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 60. Café 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. 61. Café only: All alcohol sales are limited to beer and wine only. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 13 of 13 62. Lounge only: Alcoholic beverages shall be served in non-glass containers that are easily distinguishable from those that contain non-alcoholic beverages. This would include beer bottles. 63. There shall be no on-site 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. 64. Strict adherence to maximum occupancy limit is required. 65. 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. 66. 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. 67. 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. 68. Security Staff must be on the premises during alcohol service hours and for 2 hours after alcohol service concludes. 69. Security cameras with at least a two week retention period must be installed in and around the alcohol consumption area in the Lounge. Those recordings shall be made available to police upon request in a timely manner. 70. Only members and their guests may be allowed in the lounge area. Membership must be proven at point of sale. Planning Commission - August 17, 2017 Item No. 4a Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Chelsea Crager, Assistant Planner Date: August 15, 2017 Re: Villas Fashion Island CUP Amendment (PA2017-128) Please replace the previous draft resolution for approval with the attached resolution. The updated draft resolution removes ten Fire Division conditions of approval that, upon review, have been determined to be not applicable to the project as proposed. The removed conditions are included in the attached resolution in strikethrough format. Attachment: Draft Resolution for Approval Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) RESOLUTION NO. 2017-#### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-017 FOR THE ADDITION OF LIVE ENTERTAINMENT AND OUTDOOR SPEAKER SYSTEM TO EXISTING EATING AND DRINKING ESTABLISHMENTS, LOCATED AT 4200 SAN JOAQUIN PLAZA (PA2017-128) 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 (“Applicant”), with respect to property located at 4200 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-105 (the “Property”), requesting approval of a conditional use permit. 2. The applicant proposes an amendment to Use Permit No. 2016-045 to allow live entertainment and an outdoor speaker system at the Villas Fashion Island, a residential apartment complex. The previously approved use permit permitted a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. There are no late hours (after 11 p.m.) proposed. 3. The 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 Property is not located within the coastal zone. 5. On January 19, 2017, subsequent to a noticed public hearing and consideration of evidence, both written and oral, the Planning Commission approved Use Permit No. UP2016-045 permitted a café and cocktail lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license. 6. A public hearing was held on August 17, 2017, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA)) under Class 1 (Existing Facilities) of the Guidelines for CEQA. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 2 of 13 2. The Class 1 exemption authorizes the operation, repair, maintenance and minor alteration of existing buildings. The proposed uses will be located within an existing development with only minor alterations required to accommodate the new use. 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(C)(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 apartment Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 3 of 13 complex is separated from the nearby residential zoning district by San Joaquin Hills Road. 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 includes some residential developments but contains all of North Newport Center, including Fashion Island that is development with restaurants, hotels and markets that hold ABC licenses. 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 live entertainment and service of alcohol is intended for residents of the apartment complex and their guests. Operational conditions of approval relative to live entertainment and 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-H3), 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 live entertainment and outdoor speaker system 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: Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 4 of 13 1. The project is located in the San Joaquin Plaza Sub-Area of the North Newport Center Planned Community (PC-56). The live entertainment and outdoor speaker system are accessory uses that will serve the residents and guests of the Villas Fashion Island apartment complex only. The uses are a support use for the new residential development and are therefore consistent with the purposes of the North Newport Center Planned Community San Joaquin Plaza Sub-Area. 2. The residential development was constructed with a surplus of 150 parking spaces. The live entertainment is a support use to the residential project. Support 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 Sub-Area of the North Newport Center Planned Community. The sale of alcohol requires approval of a conditional use permit. The addition of live entertainment and an outdoor speaker system requires an amendment to the previously approved 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 live entertainment will serve residents and their guests only, and will therefore serve as a support use to the residential apartments. 2. The live entertainment and outdoor music will not operate with late hours (after 11 p.m.). 3. Live entertainment will be located primarily in the common areas of the development (e.g. lawns, pool areas) and is substantially separated from surrounding properties by the apartment buildings. 4. 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. 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. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 5 of 13 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 live entertainment and outdoor speaker system will be support uses to the multi-family residential development, Villas Fashion Island. Both will only be available to residents of the development and their guests. Access to the apartment complex 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. UP2017-017, 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. 3. This resolution supersedes Use Permit No. UP2016-045 as approved by the Planning Commission on January 19, 2017, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF AUGUST, 2017. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 6 of 13 AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Erik Weigand, Secretary Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 7 of 13 EXHIBIT “A” CONDITIONS OF APPROVAL Project-Specific Conditions Italicized 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. UP2017-017 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. 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 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. 6. The café shall be limited to 1,150 square feet of interior net public area and 650 square feet of outdoor patio public area. 7. The lounge shall be limited to 1,300 square feet of interior net public area and the 12,300- square-foot outdoor pool area. 8. Alcohol shall be available to members (residents) and their guests only. Membership shall be verified at point of sale. 9. Lounge only: Off-site sale of alcohol shall not be permitted. 10. 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. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 8 of 13 11. Any change in operational characteristics 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. 12. Live entertainment events shall be open to residents and their guests only. 13. There shall be no dancing or dance floor, except as permitted through issuance of a Special Event Permit. 14. Live entertainment shall be primarily located in the common areas as shown on the approved site plan and shall operate as an accessory use to the residential property. 15. Live entertainment and the outdoor sound system shall not operate after 11 p.m. 16. 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. 17. A copy of this approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 18. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 19. 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. 20. 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. 21. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 9 of 13 Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. 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). 23. 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. 24. 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. 25. 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. 26. 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 Amendment including, but not limited to, Conditional Use Permit No. UP2017-017 (PA2017-128). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Division 27. 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 Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 10 of 13 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). 28. 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. 29. The existing architectural plans (plan check 2935-2013) occupant load must be revised. The revision is to include the proposed occupant load (assembly) for the requested live entertainment areas. This would include areas such as the pool deck, café, cocktail lounge or any other areas where public assembly/live entertainment is proposed. The current occupant loads, which were established for 2935-2013, did not accommodate live entertainment. 30. The Fire Department needs to approve each entertainment area (place of assembly). Areas for the live entertainment will need to be established prior to the event within a plan revision. Thus, limitations will need to be set for the locations of the various entertainment areas. Many areas are acceptable, but must be shown and approved within a revision to plan check 2935-2013. The revision must include the proposed seating arrangements, occupant load limits, tables, dance floors, etc. 31. Temporary tents, air supported, air-inflated or tensioned membrane structures shall not be erected for a period of more than 180 days within a 12-month period on single premises. California Fire Code (CFC) 3103.5. 32. Tents and membranes having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official CFC 3103.2. 33. Tents must meet all requirements of CFC Chapter 31. 34. Open flame or other devices emitting flame, heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of a tent or membrane structure CFC 3104.7 35. Temporary stage canopies of 400 square feet or more require a fire permit and shall comply with CFC Section 3105. 36. Outdoor cooking with propane will require a permit from the fire department. CFC 105.6.28. 37. Cooking shall be located a minimum of 20 feet from any permanent structure. 38. Charcoal barbeque cooking shall be located a minimum of 15 feet from any permanent structure and 10 feet from a tent. 39. Charcoal barbeque or cooking is prohibited inside of any structure or tent. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 11 of 13 40. Fire extinguishers will be required throughout the live entertainment site and located as per the fire department’s recommendations. 41. Outdoor locations of uses shall comply with the emergency preparedness requirements set forth in CFC Section 403. 42. An emergency guide is required for R-2 occupancies. Fire emergency guides shall describe the following: a. Locations of fire protection equipment such as portable fire extinguishers that are accessible to residents. b. Assign an on-site person and alternates that will call 911 in the event of an emergency. Provide these names on the emergency guide. c. Locations of on-site emergency power for lighting. A permit shall be obtained through the Building Division. d. Guides shall include an emergency evacuation plan for each outdoor event area. CFC Section 403.10.2.2.3. 43. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. CFC Section 403.10.2.2.3. 44. Emergency guides shall be reviewed and approved by the Fire Department. 45. Extension cords, used in accordance with the Fire Code, shall be properly taped to the ground to reduce tripping hazards. 46. Decorations shall not obstruct exits or fire protection equipment; including fire extinguishers, fire sprinklers, fire alarm pull stations, fire hose stations, or emergency lighting and exit signs. 47. Smoke machines may not be used for special effects unless approved by the Fire Department prior to the event. 48. Decorative fabrics used must be flame resistant and listed by the State Fire Marshal. 49. Open flame decorative devices (candles, torches, etc.) must be permitted by the fire department and meet requirement of CFC Section 308.3.1. A permanent condition with an open flame device can be pre-approved and permitted for continued use through the Fire Department. However, a new permit and inspection of proposed device will be required prior to the use of added open flame devices. Police Department 50. The hours of operation in the Café shall be limited to 6:00 a.m. through 9:00 p.m., daily. 51. The hours of operation in the Lounge shall be limited to 7:00 a.m. to 11:00 p.m., daily. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 12 of 13 52. The hours of the alcohol service specific to the pool area shall be limited to 12:00 p.m. to 9:00 p.m., daily. 53. 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. 54. Approval does not permit the premises to operate as a “bar, tavern, cocktail lounge or nightclub” as defined by the Newport Beach Municipal Code. The Newport Beach Municipal Code defines bars, lounges, and nightclubs as an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e. ABC License Type 42 (On-Sale Beer and Wine – Public Premises), ABC License Type 48 (On-Sale General – Public Premises), and ABC License Type 61 (On-Sale Beer – Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 55. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 56. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 57. 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. 58. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 59. Café only: Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 60. Café 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. 61. Café only: All alcohol sales are limited to beer and wine only. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Resolution No. 2017-#### Page 13 of 13 62. Lounge only: Alcoholic beverages shall be served in non-glass containers that are easily distinguishable from those that contain non-alcoholic beverages. This would include beer bottles. 63. There shall be no on-site 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. 64. Strict adherence to maximum occupancy limit is required. 65. 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. 66. 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. 67. 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. 68. Security Staff must be on the premises during alcohol service hours and for 2 hours after alcohol service concludes. 69. Security cameras with at least a two week retention period must be installed in and around the alcohol consumption area in the Lounge. Those recordings shall be made available to police upon request in a timely manner. 70. Only members and their guests may be allowed in the lounge area. Membership must be proven at point of sale. Planning Commission - August 17, 2017 Item No. 4b Additional Materials Received Villas Fashion Island Use Permit Amendment (PA2017-128) Planning Commission Public Hearing August 17, 2017 PA2017 -128 Planning Commission - August 17, 2017 Item No. 4c Additional Materials Presented by Staff Villas Fashion Island Use Permit Amendment (PA2017-128) Community Development Department -Planning Division08/17/2017 2 Planning Commission - August 17, 2017 Item No. 4c Additional Materials Presented by Staff Villas Fashion Island Use Permit Amendment (PA2017-128) Community Development Department -Planning Division08/17/2017 3 Planning Commission - August 17, 2017 Item No. 4c Additional Materials Presented by Staff Villas Fashion Island Use Permit Amendment (PA2017-128) 08/17/2017 Community Development Department -Planning Division 4 Remove: •That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. •There shall be no live entertainment or dancing on the premises. Planning Commission - August 17, 2017 Item No. 4c Additional Materials Presented by Staff Villas Fashion Island Use Permit Amendment (PA2017-128) 08/17/2017 Community Development Department -Planning Division 5 Planning Commission - August 17, 2017 Item No. 4c Additional Materials Presented by Staff Villas Fashion Island Use Permit Amendment (PA2017-128) 08/17/2017 Community Development Department -Planning Division 6 Planning Conditions: •Live entertainment events shall be open to residents and their guests only. •There shall be no dancing or dance floor, except as permitted through issuance of a Special Event Permit. •Live entertainment shall be primarily located in the areas as shown on the approved site plan and shall operate as an accessory use to the residential property. •Live entertainment and the outdoor sound system shall not operate after 11 p.m. Planning Commission - August 17, 2017 Item No. 4c Additional Materials Presented by Staff Villas Fashion Island Use Permit Amendment (PA2017-128) For more information contact: Chelsea Crager, Assistant Planner949-644-3227ccrager@newportbeachca.govwww.newportbeachca.gov Planning Commission - August 17, 2017 Item No. 4c Additional Materials Presented by Staff Villas Fashion Island Use Permit Amendment (PA2017-128)