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HomeMy WebLinkAboutPA2021-125_20210528_Project DescriptionPlanning Permit Application Attachment A Page 1 of 5 Project Description The proposed conditional use permit (CUP) amendment application would allow up to 365 Level 1 special events and 3 Level 2 special events annually without a special event permit (see Table 1 below). Table 2 includes the 3 proposed Level 2 special events with estimated duration to be greater than one day. Table 1 Special Event Classifications Event involves any of these characteristics Level 1 Level 2 Duration (Days) 1 1-4 Attendance < 1,000 1,000 - 5,000 Road/Travel Lane Closures No Yes Occurs in Public Right-of-Way No Yes Requires Traffic Control No No Police or Code Enforcement Required No Limited Requires Noise Monitoring No No 1.Duration includes set up and breakdown time. 2.Attendance is the estimated total number of attendees over the course of the event. Table 2 Events with Durations Greater than One Day Est. Duration Event Name Est. Attendees Memorial Day Weekend Summer Festival Less than 1,000 (per day) July 4 – 5 Fourth of July Festival Less than 1,000 (per day) Labor Day Weekend Summer Festival Less than 1,000 (per day) If approved, the CUP amendment would allow up to 365 Level 1 events each year. Up to 30 Level 1 events would be allowed per month. Furthermore, NBMC Section 11.03.040.B allows an applicant to apply for up to 20 special events under a single bundled special event permit and there is no limit as to the number of bundled special event permits a venue can apply for in a given year. The Applicant retained Sound Media Fusion (SMF) to study and develop a sound monitoring and mitigation program for Lido House Hotel (Attachment – B). The goal is develop a noise mitigation and monitoring plan and operational protocols that would be employed during events to ensure that noise levels in the surrounding areas comply with City standards. The key components of the Lido House Noise Mitigation and Protocol Study include: 1.Employing a sound monitor for the first few events or a trained hotel employee (with professional sound monitoring equipment) at random events at a later time to help ensure on-going compliance. 2.Utilize sound equipment as specified by SMF to maintain on-going compliance. PA2021-125 Planning Permit Application Attachment A Page 2 of 5 The Newport Boulevard Lawn is located on approximately 14,250 square feet of open space on the western portion of the property. Lido House operates as a hotel and has the Visitor Serving Commercial – Lido Village zoning designation. The site is currently developed with 130-rooms and with 148 parking spaces. Valet parking is provided on-site for hotel guests. Special events serve as ancillary use to the hotel. Since the hotel opening in 2018, Lido House Hotel has been approved for various Level 1 special events such as summer movie nights, business functions, food festivals, and Friday night live musicians. Level 1 Special Event as defined by the Recreation and Senior Services Department classifies an event as Level 1, 2, or 3 depending on its duration and attendance size and whether or not it involves road closures or City services. o With a duration of one (1) day only; o With an attendance of less than 1000 persons. o Involves no public road or travel lane closures or detours; o Requires no traffic control, as determined by the City Traffic Engineer or the Police Department; and o Does not require the presence of City personnel, as determined by the Code Enforcement Supervisor or the Police Department. Message from Lido House Hotel Team Every day is a celebration at Lido House. The hotel breathes new life into the Balboa Peninsula with an alluring energy that invites guests and passers-by to stop, stay a while, and discover a wealth of unexpected twists. Whether here for business, pleasure, or a milestone event, guests always feel like they are in the lively heart of Newport Beach – an experience unlike any other. With true connections to the local scene and Coastal Curators always happy to share insider tips of discovery, guests always feel like they are staying in the house of someone who lives here, and locals feel at home. Blending the classic East Coast beach cottage with a playful Southern California vibe, Lido House has created a unique Newport nautical style that reflects the surrounding neighborhood and culture. Stylish, sophisticated and fun – it embodies the true Newport Beach House experience. In order to be the new-old centerpiece of Newport Beach, Lido House would like greater flexibility to create memorable experiences and events. In the future, we see hosting elegant events in all areas of the hotel to leverage the beautiful design of the hotel. We envision events such as soirees to bring the community together, ticketed events, summer movie nights on our lawn, events with a DJ/live music, pool activations, cocktail receptions, and ballroom events for both social gatherings and corporations. Proposed Text Changes to Conditional use Permit No. UP2016-015 #88 Approved Condition: No “happy hour” type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. Proposed Amendment: Revise “full service menu” to “food menu”. PA2021-125 Planning Permit Application Attachment A Page 3 of 5 #91 Approved Condition: 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 (Community Noise Control) of the Newport Beach Municipal Code. Proposed Amendment: Strikeout “in the tenant space” from third sentence. #92 Approved Condition: That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the hotel, hotel restaurant or lounge facility. Proposed Amendment: Remove condition. #95 Approved Condition: A Special Events Permit is required for any event or promotion activity outside the normal operational characteristics of the approved use, as conditioned, or 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. Proposed Amendment: Remove condition. #96 Approved Condition: There shall be no-onsite radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. Proposed Amendment: Remove condition. #97 Approved Condition: Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. Proposed Amendment: Remove condition. #98 Approved Condition: The operator of the establishment 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. Proposed Amendment: Remove condition. PA2021-125 Planning Permit Application Attachment A Page 4 of 5 Findings & Justifications Conditional Use Permit A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The CV-LV (Visitor Serving Commercial – Lido Village) designation provides for a range of accommodations (e.g., hotels, motels, hostels), goods, and services intended to serve visitors to the City of Newport Beach. Special events are allowed and serves as ancillary use for festivals, weddings, parties, and other public or private events. The use of visitor serving commercial for occasional use as a venue is consistent with the CV-LV designation. 2. The project site is not located within a Specific Plan area. B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The CV Coastal Zoning District is intended to provide for areas appropriate for a range of accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Special Events and Temporary Uses are allowed uses in this zoning district. 2. The project site has been used as a venue for public and private gatherings with the approval of special events permits since its opening in 2018. Therefore, the City’s past approvals relating to the operation of special events indicate that the proposed location is in accord with the objectives of the Zoning and Municipal Code. 3. The project includes conditions of approval to ensure that special events continue to be incidental and secondary to the principal use of the hotel. 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: 1. The project site is approximately 4.25 acres with facilities for public and private gatherings including meeting rooms, pavilions, cabanas, tables and benches, gathering lawn, and restrooms. 1. The project site contains 148 parking spaces and maintains valet parking operations which has been sufficient to accommodate the largest events. 2. The site maintains access from Newport Boulevard and Finley Avenue. PA2021-125 Planning Permit Application Attachment A Page 5 of 5 3. The operating characteristics of the special events are limited in nature, occurring for occasional portions of the year. The proposed events shall not be detriment to the public’s health, safety, and welfare. 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) assess and public services and utilities; Facts in Support of Finding: 1. The project site is a hotel with facilities for public gatherings including meeting rooms, pavilions, cabanas, tables and benches, gathering lawn, and restrooms. The project site has a history as a venue for public gatherings, including weddings, parties, and other public and private events. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the project site. 3. The existing hotel is in an area with a variety of land uses including commercial, retail, residential, and access to the Balboa Peninsula. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surround land uses. E. Operation of the use at the location proposed would not be detrimental to 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 includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 2. Level 1 events are routine, one-day events do not require the presence of City personnel or traffic control plans, and will not 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. PA2021-125