HomeMy WebLinkAbout20170817_PC Staff Report
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).
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Villas Fashion Island Conditional Use Permit Amendment
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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
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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
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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;
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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.
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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
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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.
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Attachment No. PC 2
Draft Resolution for Denial
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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:
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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
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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
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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
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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.
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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.
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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.
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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).
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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
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Attachment No. PC 5
August 1, 2017 Police Department Memorandum
45
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47
INTENTIONALLY BLANK PAGE48
Attachment No. PC 6
Project Plans
49
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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.
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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
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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:
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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.
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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.
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AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Erik Weigand, Secretary
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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:
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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.
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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.
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AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Erik Weigand, Secretary
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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.
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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
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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
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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.
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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.
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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.
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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.
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Planning Commission
Public Hearing
August 17, 2017
PA2017 -128
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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.
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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.
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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
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