HomeMy WebLinkAboutPC2020-037 - APPROVING CONDITIONAL USE PERMIT UP2019-056TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENCE AND A PARKING WAIVER OF 21 PARKING SPACES AT ARESOLUTION NO. PC2020-037
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT UP2019-056TO ALLOW A TYPE 41
(ON-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENCE
AND A PARKING WAIVER OF 21 PARKING SPACES AT A NEW
EATING AND DRINKING ESTABLISHMENT LOCATED AT 5000
BIRCH STREET SUITE 150 (PA2019-259)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tim Strader Jr. (“Applicant”) on behalf of John Hancock Life
Insurance Company (“Owner”), with respect to property located at 5000 Birch Street, Suite
150, and legally described as Parcel 5, Res 0731 of PM 181-13-19 (“Property) requesting
approval of a Conditional Use Permit.
2. The Applicant seeks a conditional use permit to allow a Type 41 (On-Sale Beer and Wine)
license with the Alcoholic Beverage Control (“ABC License”) at a new 3,027-square-foot
restaurant, Pour Vida with 1,620 square feet of net public area (839 square feet interior
and 991 exterior) in an existing 10-story office building within Koll Center Planned
Community Office Site B (KCN Site B) (“Project”). The proposed hours of operation are
6:00 a.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m., Saturday
and Sunday, with no late hours. There will be no live entertainment or dancing. Also
included is a request to waive 21 parking spaces.
3. The Property is designated MU-H2 (Mixed-Use Horizontal) by the General Plan Land Use
Element and located within the PC-15 (Koll Center Planned Community (Office Site B)
Zoning District.
4. The Property is not located within the coastal zone, therefore, an amendment to the
Coastal Land Use Plan or a coastal development permit are not required.
5. A telephonic public hearing was held on October 22, 2020 in the City Council Chambers
located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the hearing was given in accordance with Government Code
Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of
the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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
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of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Project primarily involves interior tenant improvements to convert office space into
restaurant space within an existing office building. Minor exterior alternations involve the
installation of perimeter barriers around the outdoor dining area within an existing patio.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Required Findings) of the NBMC,
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 NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding:
In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is located in Reporting District 34 (RD 34). The Part One Crimes
are the eight most serious crimes defined by the FBI Uniform Crime Report –
homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft,
and arson. The crime rate in RD 34 was 78 crimes reported in 2019, which is
higher than adjacent reporting districts RD 31, RD 36, and RD 33 and the citywide
average. The higher crime rate is largely due to burglary or theft from vehicles
due to the high concentration of office complexes and the high ratio of
nonresidential to residential uses. The adjacent reporting districts are
predominantly residential uses. The findings can be made despite higher
concentrations of crimes and the area was designed to accommodate restaurants
in support of the office complex. The service of alcoholic beverages would
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provide additional menu options for customers and would enhance the economic
viability of the business.
2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use
and based on the location, operational characteristics, and closing hour of 11: 00
p.m., has no objection to the addition of the Type 41 alcoholic beverage license
subject to appropriate conditions of approval.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. In RD 34, seventeen (17) percent of the arrests were for public intoxication, DUI,
or liquor law violations. In comparison, the figure for neighboring RD 33 is
nineteen (19) percent, RD 36 is thirty (30) percent and RD 31 is twelve (12)
percent. The NBPD has reviewed the Project and has no objection to the
Applicant’s request.
iii. 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.
1. Although the Property is located within a planned community for predominantly
office uses, the General Plan land use designation is MU_H2 (Mixed Use
Horizontal), which allows the horizontal intermixing of uses that may include
office, multi-family residential and vertical mixed-use buildings. There is one (1)
new residential development (Uptown Newport) located approximately 600 feet
south from the Property and there is potential for additional residential
development in the area. The Project will serve as a convenience to residents
seeking dining options in closer proximity to their residences. The Type 41 ABC
License with an eating and drinking establishment is not anticipated to
significantly impact these adjacent land uses.
2. There are no parks, churches, schools, day cares or places of recreation within
approximately 1,000 feet of the Project. The Project is surrounded by other
commercial and office uses.
3. Eating and drinking establishments with incidental alcohol service are common
in office areas and will serve as a convenience to future residents in this changing
mixed-use neighborhood. The proposed Type 41 ABC License in conjunction
with a sit-down restaurant is not anticipated to become detrimental to the area
due to its location and limited hours of operation. The resolution includes
conditions of approval to further minimize negative impacts to surrounding land
uses and ensure that the use remains compatible with the surrounding
community.
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iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. The office area was designed to accommodate accessory restaurants that are
lightly populated throughout. The closest food service establishment is the
Parkstone Restaurant with a Type 47 (On-sale General) ABC License located
approximately 650 feet away at 5180 Birch Street. The establishment is for a sit-
down restaurant with no late hours. The next closest establishment is the Classic
Q Restaurant and Bar with a Type 47 (On-Sale General) ABC License located
approximately 1,600 feet away at 4251 MacArthur Boulevard. Approximately 500
feet away are various fast food restaurants on Jamboree Road that do not have
ABC licenses.
2. The census tract has an approximate population of 5,139 residents with 95 active
retail licenses. It should be noted this census tract also includes portions of Irvine,
Costa Mesa, and Santa Ana. Only 23 of the 95 active retail licenses are in the
City of Newport Beach. The per capita ratio of tract 0626.1 is one (1) license for
every 54 residents. Per Section §23958.4 of the Business and Professions Code,
we must compare this per capita ratio to Orange County’s on-sale per capita ratio
of one (1) license for every 446 residents. Since the area’s ratio exceeds the ratio
of retail licenses to population in the county, the area is deemed to have an undue
concentration of alcohol licenses. The NBPD does not anticipate any increase in
crime or alcohol-related incidents with the approval of this application subject to
the proposed conditions of approval.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property.
2. The Project has been reviewed and conditioned to help ensure that the purpose
and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and
that a healthy environment for residents and businesses is preserved. The
service of alcohol is intended for the convenience of customers dining at the
establishment. Operational conditions of approval recommended by the NBPD
relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol-related impacts.
3. The establishment is required to close by 11:00 p.m., daily, which will ensure the
use does not become a late-night bar, tavern, or nightclub.
4. The resolution includes conditions of approval to limit objectionable conditions
related to noise and trash from the establishment. All employees serving alcohol
will be required to be at least 21 years of age and receive ABC-required Licensee
Education on Alcohol and Drugs (“LEAD”) or Responsible Beverage Service
(“RBS”) training.
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In accordance with Subsection 20.52.020(F) (Findings and Decision) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan designates the site as MU-H2 (Mixed-Use Horizontal), which is
intended for an intermixing of uses in the Airport Area that may include regional
commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel
rooms, and ancillary neighborhood commercial uses such as restaurants. The full-
service restaurant will provide a commercial service to the offices as well as visitors
passing through the area on the weekend. The use will also provide a convenient dining
option for current and future residents of the new residential development constructed
and proposed in the neighborhood.
2. The Property is not part of a specific plan area, therefore no findings of consistency with
a specific plan is necessary.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The PC-15 (Koll Center Planned Community Office Site B) Zoning District applies to
Professional and Business Offices, and allows for accessory commercial services such
as KCN Site B. A conditional use permit is required for the restaurant use within the Koll
Center Office areas.
2. KCN Site B relies on Title 20 (Zoning Code) of the NBMC for restaurant off-street parking
requirements. Title 20 (Zoning Code) classifies this use as a full-service restaurant (food
service, eating and drinking establishment) and parking is required at a rate of one (1)
parking space per 30 to 50 square feet of net public area, as determined by the use
permit. In this case, a parking rate of one space per 50 square feet of net public area is
appropriate for the proposed use based on several design and operational
characteristics, including: the location is within an office complex surrounded by office
uses, primary customers will be office employees; there will be only five (5) employees
at any given time; there is an accessory bar area with 14 seats; there are only 22 seats
in the 839-square-foot interior dining area and only 32 seats in 991-square-foot exterior
area; the outdoor dining area is part of a larger existing exterior common seating area
for the office building tenants and visitors; there is no late hours, no live entertainment
or dancing; the shared parking pool for KCN Site B is via gated entries and paid tickets;
and employees and Uptown Newport residents can walk to the restaurant.
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3. KCN Site B currently provides a parking supply of 3,045 spaces, where a total of 3,051
spaces is currently required based upon the existing office floor area (6-space deficit).
Title 20 (Zoning Code) requires parking for restaurants based on a calculation of net
public area. The net public area included for the restaurant includes 839 square feet
interior net public area and 781 square feet exterior dining patio (991 sq. ft. – 210 sq.
ft.) for a total of 1,620 square feet; and allows for 25 percent of outdoor dining to not be
counted towards parking requirements. Based on Title 20 (Zoning Code) the parking
ratio of one (1) space per 50 square feet of net public area (1,620/50), 33 parking spaces
are required. The existing office provides a credit of 12 parking spaces, so the net
required spaces for Pour Vida restaurant is 21 spaces, necessitating a parking waiver
in accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements)
of the NBMC.
4. As discussed in the facts in Support of Finding G, a detailed parking analysis has been
provided by LSA Associates Inc. concluding that during peak office hours of the KCN
Site B, the Project will primarily serve customers in the same office building and locations
within walking distance (i.e., 0.5 mile-radius) to the restaurant and will not generate
additional parking demand. Currently, with few options for food use within walking
distance, the Project will enable employees to remain on site and not generate new
parking demand. When there is reduced office use activities occurring during dinnertime
and weekend hours, a significant surplus of parking spaces is available on site to support
non-office employee customers.
5. Subsection 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of
the NBMC also requires that the review authority consider the relationship of outdoor
dining to sensitive noise receptors. The surrounding office area is mostly vacant in the
evenings. The closest residential use is Uptown Newport which is more than 500 feet
away and is buffered by the subject 10-story office building and existing Jazz Conductor
building between the proposed outdoor dining. The outdoor dining patio closing hour of
11:00 p.m. will minimize noise impacts to any potential future residential use in area.
6. As conditioned, the Project will comply with Zoning Code standards for eating and
drinking establishments.
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 Project will provide an additional service to the office complexes within the
neighborhood. The Project includes conditions of approval to ensure that the potential
for conflicts is minimized to the greatest extent possible.
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2. The Property and surrounding properties on the block and within the vicinity are
developed with offices and supporting commercial uses. The closest residential use is
more than 500 feet south behind a parking structure at Uptown Newport. There is
potential for additional residential uses within the area; however, as conditioned, the
allowed hours of operation will be Monday through Friday, 6:00 a.m. to 11:00 p.m., and
Saturday through Sunday 9:00 a.m. to 11:00 p.m., which will minimize late night
disturbances in the area.
3. The food service, eating and drinking establishment has appropriate trash areas within
the dining areas. There is a larger trash enclosure behind the existing office building that
will contain a dumpster that is dedicated to the restaurant use.
4. The operational conditions of approval will promote compatibility with the surrounding
uses. The floor plan provides tables to accommodate seats and a dining atmosphere.
There is no live entertainment or dance floor. The Applicant is required to maintain the
Property in substantial conformance with the approved floor plan in conjunction with a
Type 41 (On Sale General - Eating Place) ABC License so that the restaurant’s primary
use is a bona fide eating and drinking establishment and not a bar, lounge, or night club.
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 existing office space is accessible from Birch Street and Von Karman Avenue which
provides convenient access for motorists, pedestrians and bicyclists.
2. There is a sidewalk around the perimeter of the existing office building and at the entry
that provides a path for pedestrians. Ample sidewalks are provided adjacent to the
streets and parking lots of KCN Site B.
3. The Property is located within an existing office building and the tenant space will be
improved for an eating and drinking establishment. All tenant improvements must comply
with Title 20 of the NBMC and all Building, Public Works, and Fire Codes for permits to be
issued.
4. The existing office complex provides adequate access for emergency and utility vehicles
and services.
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
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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 parking areas, sidewalks and
areas surrounding the Property and adjacent properties during business hours, if directly
related to the patrons of the establishment.
2. The addition of a Type 41 (On Sale Beer and Wine) ABC License provides a service to
the surrounding offices and neighborhood. There are few walkable restaurants provided
to the office areas and the new residential units at Uptown Newport. The Project will
support the surrounding neighborhood as providing a needed service to the area.
3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the NBMC. The proposed use includes limited hours
and closes no later than 11:00 p.m.
Off-Street Parking Reduction
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
as follows:
Finding:
G. The Applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking
available, greater than normal walk in trade, mixed-use development);
Facts in Support of Finding:
1. Section 20.40.110(B) of the NBMC allow off-street parking requirements to be reduced
with the approval of a conditional use permit. When an applicant has provided sufficient
data to indicate that parking demand will be less than the required number of spaces
and a parking management plan is prepared in compliance with NBMC Section
20.40.110(C). In this case, the Applicant provided “5000 Birch Street Pour Vida
Restaurant Parking Analysis” dated September 2, 2020. The study was prepared by a
qualified professional, a traffic engineer, from LSA, Associates Inc.
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2. The parking analysis demonstrates the potential parking demand for Pour Vida and the
existing offices taking into account the peak parking demand during different hours of
the day for the two (2) land uses that would share the same parking supply. The peak
parking demand of the existing office complex and the Project would occur during the
weekday’s mid-day, with a demand of 3,065 parking spaces that leaves a deficit of 20
parking spaces. The analysis also shows that weekday mornings and evenings and
weekends show significant surplus parking. However, it is important to note that both
the City’s parking requirement and the shared parking analysis assume the restaurant
is operating as a primary standalone location with little interaction with the office
employee customers already parking on site or nearby. The parking analysis concludes
that in reality, during this peak time weekday times, the restaurant will function primarily
as an ancillary use to the office complex and surrounding offices with primary customers
being the employees of these offices. Restaurant customers are anticipated to already
be on site and would not actually generate additional trips or parking demand for the
proposed restaurant. The parking study finds that employees of the office complex and
adjacent office buildings and residents of Uptown Newport currently have limited access
to food uses within walking distance (approximately 0.5 miles), which requires
employees or residents to drive to other destinations to eat. Providing food service within
the same office complex and adjacent to their uses will actually service to reduce vehicle
trips and the need for additional parking. Based on this, the parking study concludes that
a parking deficit will not occur on site with the proposed restaurant added to the office
complex.
3. The walkability was also sufficiently demonstrated in the parking analysis provided by
LSA Associates Inc. To prove the walkability, the analysis provides pedestrian surveys
of a similar restaurant plaza within Jamboree Promenade (located at southwest corner
of Jamboree Road and Dupont in Irvine) that is in close proximity to other office
buildings. The survey observed 231 pedestrians during the three-hour weekday lunch
period and 56 pedestrians during dinner time hours, proving that based on the proximity
of the surrounding office uses to the Jamboree Promenade, customers chose to walk
and did not need to use (or park) a vehicle. This is evident by the fact that there is a
parking surplus currently experienced at Jamboree Promenade.
4. The analysis and conclusions of the study were reviewed and accepted by the City
Traffic Engineer.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
Planning Commission Resolution No. PC2020-037
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2. The Planning Commission of the City of Newport Beach hereby approves application No .
UP2019-059, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
3 . 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 22 DAY OF OCTOBER 2020.
AYES : Klaustermeier, Kleiman, Koetting, Rosene, and Weigand
NOES:
ABSTAIN : Ellmore and Lowrey
::SE tnµ);a
Erik Weigand, Chairman
BY:_~ ____ / ___ _
Lauren Kleiman , Secretary
01-25-1 9
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plans stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. Use Permit No. UP2019-059 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code
(“NBMC”), unless an extension is otherwise granted.
5. Prior to the issuance of any required building permits or initiation of a restaurant use,
applicable Fair Share Traffic Fees shall be paid to convert the space from office to
restaurant in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance)
of the NBMC. The Owner shall be credited for the existing office use and shall pay the net
difference for the restaurant use.
6. If there is a change in the restaurant operations or a change in the uses within the
surrounding area that creates a deficiency in parking supply or results in a parking impact
to surrounding businesses, the Applicant shall prepare and submit a parking management
plan for review and approval by the City Traffic Engineer and Community Development
Director. Additionally, if there are changes the parking analysis shall be updated, reviewed
and approved by the City Traffic Engineer.
7. The hours of operation shall be between 6:00 a.m. to 11:00 p.m., Monday through Friday
and 9:00 a.m. to 11:00 p.m., Saturday and Sunday.
8. The net public area of the interior of the restaurant shall not exceed 1,830 square feet of
net public area (839 square feet interior and 991 square feet exterior). Any increase to
these areas requires an amendment to this use permit and an updated parking analysis.
9. Appropriate barriers shall be placed between the outdoor dining area and common dining
and pedestrian areas. Barriers shall serve only to define the areas and shall not constitute
a permanent all-weather enclosure.
10. This Use Permit may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated or
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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.
11. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
12. A copy of the resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
13. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
14. 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.
15. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
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. 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. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m.
on Saturday. Noise-generating construction activities are not allowed on Sundays or
Holidays.
18. No audible outside paging system shall be utilized in conjunction with this establishment.
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19. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
20. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
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.
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. Deliveries and refuse collection for the facility shall be prohibited 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, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
24. Storage outside of the building in the front or at the rear of the Property shall be
prohibited, with the exception of the required trash container enclosure.
25. 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 NBMC to require such
permits.
26. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
27. 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
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approval of Pour Vida Restaurant and Parking Waiver including, but not limited to, PA2019-
259. 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
28. The approval is for an eating and drinking establishment with on-sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be Type 41 (On Sale Beer and Wine).
29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
30. The Applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
31. 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 within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. 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.
32. The quarterly gross sales of on-sale alcoholic beverages shall not exceed the gross
sales of food during the same period. The licensee shall at all times maintain records,
which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less frequently than
on a quarterly basis and shall be made available to the Police Department on demand.
33. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
34. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
35. 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
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beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the
exterior shall constitute a violation of this condition.
36. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
37. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
38. Strict adherence to maximum occupancy limits is required.
39. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the NBMC.
40. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
41. 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, or involve the sale of alcoholic beverages.
42. The Applicant shall maintain a security recording system with a 30-day retention and
make those recordings available to police upon request.
Fire Department
43. An automatic sprinkler system shall be provided throughout establishements containing
Group A-2 occupancies and throughout all stores from the Group A-2 occupancy to and
including the levels of exit discharge serving that occupancy where one of the following
conditions exists:
• The fire area exceeds 5,000 square feet
• The fire area has an occupant load of 100 or more.
• The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
• The structure exceeds 5,000 square feet, contains more than one fire area
containing a Group A-2 occupancy, and is separated into two or more buildings
by firewalls of less than 4-hour fire-resistance rating without openings. (California
Fire Code Section 903.2.1.2)
Building Division
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44. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
45. The restaurant shall comply with Disable Access requirements.
46. All doors shall swing in direction of travel and shall be equipped with panic hardware
when serving 50 or more occupants.
47. All doors in the series shall be separated a minimum four (4) feet plus the swing of door.