HomeMy WebLinkAboutPC2022-020 - RECOMMENDING CITY COUNCIL APPROVAL OF ADDENDUM NO. 2 TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR LIDO HOUSE HOTEL, GENERAL PLAN AMENDMENT NO. GP2020-004, LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-006, ZONING CODE AMENDMENT NO. CARESOLUTION NO. PC2022-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF ADDENDUM NO. 2 TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR LIDO HOUSE HOTEL, GENERAL PLAN AMENDMENT NO. GP2020-004, LOCAL COASTAL PROGRAM AMENDMENT NO.
LC2020-006, ZONING CODE AMENDMENT NO. CA2022-003, SITE DEVELOPMENT REVIEW NO. SD2020-008, AND CONDITIONAL USE PERMIT NO. UP2020-039 FOR THE LIDO HOUSE HOTEL LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2020-068)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by R.D. Olson Development (“Applicant”) with respect to property
located at 3300 Newport Boulevard and 475 32nd Street and legally described in Exhibit
“A” attached hereto and incorporated herein by reference (“Property”).
2. The Applicant is requesting approval to add 15,103 square feet to the previously approved 130-room Lido House Hotel. The additional floor area would allow for the construction of five new cottages (i.e., “rooms”), increased storage space, enlarged pre-
function/breakout meeting rooms, a new greenhouse seating room, expansion of three
existing hotel rooms, and an enclosed area on the rooftop terrace. Also included is the demolition of the former Fire Station No. 2 building to create additional public and private parking spaces (“Project”). The following approvals are requested or required from the City of Newport Beach (“City”) to implement the Project as proposed:
• General Plan Amendment No. GP2020-004 – An amendment to the Land Use
Element of the General Plan increasing the development limit specified for Anomaly
Number 85 from 103,470 square feet to 118,573 square feet;
• Local Coastal Program Amendment No. LC2020-006 – An amendment to the
Coastal Land Use Plan and Implementation Plan (Title 21) of the Newport Beach
Municipal Code (“NBMC”) increasing the development limit specified for the
Property from 103,470 square feet to 118,573 square feet. While not required to
implement the Project, City staff also recommends removing references to the Fire
Station No. 2 building, since the use has been relocated and the building will be
demolished as part of the Project;
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• Zoning Code Amendment No. CA2022-003 – An amendment to the Zoning Code
(Title 20) of the NBMC increasing the development limit specified for the Property
from 103,470 square feet to 118,573 square feet. While not required to implement
the Project, City staff also recommends removing references to the Fire Station No.
2 building, since the use has been relocated and the building will be demolished as
part of the Project;
• Site Development Review No. SD2020-008 - in accordance with the Newport
Place planned community and Section 20.52.80 (Site Development Reviews) of the
Newport Beach Municipal Code (“NBMC”), for the construction of the Project;
• Conditional Use Permit No UP2020-039 – Amendment to UP2014-004 (PA2013-
217) and UP2016-015 (PA2016-061), which authorized the construction and
operation of the 130-room Lido House Hotel. If approved by City Council and
implemented, this Use Permit No. UP2020-039 will replace and supersede the
previous approvals; and
• Addendum No. 2 to the Lido House Hotel Final Environmental Impact Report
(SCH No. 2013111022) (“Addendum No. 2”) – Pursuant to the California
Environmental Quality Act (“CEQA”), the addendum addresses reasonably
foreseeable environmental impacts resulting from the Project.
3. The Property is categorized Visitor Serving Commercial – Lido Village (CV-LV) by the
General Plan Land Use Element and is located within the Commercial Visitor-Serving –
Lido Village (CV-LV) Zoning District. It is designated Anomaly Number 85, which
establishes a development limit of 103,470 gross square feet (SF) of hotel.
4. The Property is also in the Coastal Zone. The Coastal Land Use Plan category is Visitor-
Serving Commercial-Lido Village – (103,470 Gross SF) (CV-LV) and it is within the
Commercial Visitor-Serving—Lido Village (CV-LV) Coastal Zoning District.
5. In addition, the Lido House Hotel is authorized by and operates under Coastal
Development Permit (“CDP”) No. 5-14-1785, executed February 22, 2016. The requested
legislative amendments and the proposed changes will be referred to, reviewed by, and
acted on by the California Coastal Commission to become effective.
6. A public hearing was held by the Planning Commission on July 21, 2022, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62
(Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both
Planning Commission Resolution No. PC2022-020 Page 3 of 40
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. On September 9, 2014, the City Council certified the adequacy and completeness of the
Lido House Hotel Final Environmental Impact Report (SCH No. 2013111022) by
adopting Resolution No 2014-80 (“EIR”).
2. Upon receipt of the prior application for increased floor area of the Lido House Hotel,
the City prepared Addendum No. 1 to the EIR, consistent with the requirements of
CEQA. On July 26, 2016, the City Council adopted Resolution No. 2016-88 adopting
Addendum No. 1.
3. Upon receipt of the current application for increased floor area of the Lido House Hotel,
the City prepared Addendum No. 2 to the EIR for the Project.
4. Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent
EIR is required unless the lead agency determines, based on substantial evidence in
the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
b. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
i. The project will have one or more significant effects not discussed in the previous EIR; ii. Significant effects previously examined will be substantially more severe than shown
in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the
Planning Commission Resolution No. PC2022-020 Page 4 of 40
project, but the project proponents decline to adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
5. The following environmental topics were analyzed for the Project: Aesthetics/Light and Glare, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral
Resources, Noise, Population and Housing, Public Services, Recreation,
Transportation, Tribal Cultural Resources, Utilities and Service Systems, and Wildfire. Addendum No. 2 includes analysis of new topics that were not included in the previous EIRs; specifically, it includes a new energy section and a new wildfire section. These additional analyses are appropriate for inclusion in the Addendum, but none result in
new or increased significant impacts that would require preparation of a subsequent EIR
pursuant to Section 15162 of the CEQA Guidelines. 6. Based on the EIR and entire environmental review record, the Project will not result in any new significant impacts that were not previously analyzed in the EIR. The Addendum
confirms and provides substantial evidence that the potential impacts associated with this
Project would either be the same or less than those described in the EIR, as mitigated by applicable mitigation measures in the EIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the EIR, nor
has any new information regarding the potential for new or more severe significant
environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted EIR is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the Project, the data presented in the EIR, as augmented by the Addendum
for this Project, are considered as part of the record.
7. The Planning Commission further finds:
a. The Project is consistent with and implements the General Plan.
b. The EIR reviews the existing conditions of the City and project vicinity; analyzes potential
environmental impacts from implementation of the development; and identifies
mitigation measures to reduce potentially significant impacts from implementation of the
development.
c. The Project does not increase development intensity or building height or associated
impacts beyond the levels considered in the EIR.
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d. Since the adoption of the EIR in 2014, no substantial changes have occurred with
respect to the circumstances under which the EIR was certified for the Project; and no
substantial changes to the environmental setting of the Property have occurred, and no
new information of substantial importance has become available that was not known
and that could not have been known with the exercise of reasonable diligence at that
time of adoption.
e. Since no substantial changes to the circumstances or environmental setting have
occurred, and since no new information relating to significant effects, mitigation
measures, or alternatives has become available, the Project does not require additional
environmental review, consistent with CEQA Guidelines Section 15162.
f. Based on these findings, the EIR and Addendum No. 2, the Planning Commission has
determined that no subsequent environmental impact report is required or appropriate
under CEQA Guidelines Sections 15162 and 15164. Addendum No. 2 satisfies CEQA’s
environmental review requirements for the modified Project as proposed by the
Applicant.
g. Based on the facts and analysis contained in the Addendum, the Planning Commission
finds that the modified project will not have, when compared to the EIR, any new or more
severe adverse environmental impacts.
h. The modified Project will not result in any new or more severe significant impacts which
are individually limited, but cumulatively considerable, when viewed in connection with
planned or proposed development in the immediate vicinity.
8. Addendum No. 2 is hereby recommended for adoption by the City Council given its
analysis and conclusions. Addendum No. 2 and related and referenced documentation, constitute the administrative record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. 9. The Planning Commission has considered the EIR and the Addendum No. 2 and has
concluded that the Addendum No. 2 reflects the independent judgment of the City. 10. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.
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SECTION 3. REQUIRED FINDINGS.
General Plan, Zoning Code, and Local Coastal Program Amendments
1. Amendments to the General Plan, Zoning Code, and Local Coastal Program are
legislative acts. Neither the City nor State Planning Law set forth any required findings
for either approval or denial of such amendments.
2. The increase in floor area will allow enlarged hallways, an enclosed conference room
breakout space, an enclosed “greenhouse” breakout and seating area, larger storage
spaces, three slightly larger hotel rooms, and five additional hotel rooms. These changes
constitute a 14.6-percent increase in floor area compared to the previously approved
hotel plan. Collectively, these changes should enhance the functionality of the hotel and
the experience of guests and visitors.
3. The increased floor area includes an additional five hotel rooms. This addition would
result in a negligible increase in predicted traffic and parking demands for the project.
The predicted traffic to and from the proposed hotel will remain less than what the former
City Hall site generated. A parking demand analysis was prepared by Linscott Law &
Greenspan on June 8, 2022 for the Project and has been reviewed and accepted by the
City Traffic Engineer.
4. The increased floor area will not significantly reduce publicly visible open space, nor will
it decrease the parking provided.
5. The increased hotel floor area would be located on the first, second, third and fourth
levels, but would not increase the height of the building. The proposed hotel would
remain consistent with remaining and unchanged applicable standards of the CV-LV
Zoning District and Coastal Land Use Policy 4.4.2-1, which limits the height of
development.
Charter Section 423
Pursuant to City of Newport Beach (“City”) Charter Section 423 and City Council Policy A-18,
proposed General Plan amendments are reviewed to determine if a vote of the electorate would
be required because a project (separately or cumulatively with other projects in the same
Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of
the City Charter. The proposed General Plan Amendment is in Statistical Area B5. This is the
seventh amendment within Statistical Area B5 since the General Plan update in 2006. Three
of the six prior amendments were approved less than 10 years ago and continue to be tracked
consistent with the provisions of Section 423. Those are General Plan Amendment Nos.
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GP2012-005, GP2012-002, and GP2016-001. The following table shows the increases
attributable to the subject amendment, prior amendments, and the resulting totals thereby
demonstrating that no vote would be required.
Charter Section 423, Measure S Analysis for Statistical Area B-5
Amendments Increased
Density
Increased
Intensity
Peak Hour Trip Increase
AM PM
GP2012-005 (PA2012-146) 7 0 0 0
GP2012-002 (PA2012-031) 0 23,725 0 0
GP2016-001 (PA2016-061) 0 4,745 0 0
Total Prior Increases 7 28,470 0 0
80% of Prior Increases 5.6 22,776 0 0
100% of Proposed GP2020-004 0 15,103 0 0
Total 5.6 37,879 0 0
Threshold 100 40,000 100 100
Remaining 94.4 2,121 100 100
Vote Required? No No No No
Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and Decisions) of the NBMC, the following findings and facts in support of such findings are set forth as follows:
Finding:
A. [The proposed development is a]llowed within the subject Zoning district; Fact in Support of Finding:
1. The site is within the CV-LV (Visitor Serving Commercial - Lido Village) zoning district and Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) allows visitor accommodations and related accessory uses subject to the approval of a Conditional Use Permit.
Finding:
B. [The proposed development is i]n compliance with all of the applicable criteria [below]:
a. Compliance with this Section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or structure;
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b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the
relationship is based on standards of good design;
c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the
site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive
aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and
f. The protection of significant views from public right(s)-of-way and compliance with
Section 20.30.100 (Public View Protections); and Facts in Support of Finding:
1. The modified 135-room hotel project is consistent with the Visitor Serving Commercial-Lido Village (CV-LV) General Plan land use designation, CV-LV (Visitor Serving Commercial - Lido Village) Coastal Land Use Plan category, and the CV-LV (Visitor Serving Commercial - Lido Village) Zoning District for the project site that provides for
the horizontal or vertical intermixing of commercial, visitor accommodations, residential,
and/or civic uses. Civic uses could include, but are not limited to, a community center, public plazas, and/or public parking. 2. The CV-LV (Visitor Serving Commercial - Lido Village) Zoning District includes setback
standards (0 to 70 feet depending on height), open space (20 percent of the site) and
building height standards (55 feet to flat roofs, 60 feet for sloping roofs and up to 65 feet for architectural features). The new single-story greenhouse structure will be set back a minimum of 53 feet from Newport Boulevard. The remaining modified hotel building will maintain a setback of more than 69 feet from Newport Boulevard, more than 15 feet
from 32nd Street, and more than 62 feet from the northerly (interior) property line. The
height of the sloping roof of the four-story portion of the modified hotel remains less than 58 feet, 5 inches and all other portions of the hotel are below this height. Lastly, the proposed site plan provides at least 20 percent of the site as open space consisting of hardscape and landscaping between the hotel and Newport Boulevard and 32nd Street
in compliance with the proposed open space standard.
3. The Project is compatible with surrounding development and public spaces in terms of bulk, scale and aesthetic treatments. The large setbacks identified in Facts B.2 above help offset the taller portions of the proposed buildings. Hotel buildings have been
designed with a one-, two- and three-story elements along Newport Boulevard while
providing a significant setback from the street providing areas for public access, landscaping, outdoor dining, and hotel use. Notwithstanding the new greenhouse structure, the modified hotel building is over 69 feet from the Newport Boulevard. The portions of the hotel structure that are three and four stories are located along the
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northerly and easterly portion of the site away from public spaces and closer to the back of the abutting shopping center that is developed with large buildings with heights close
to 35 feet. Additionally, these taller components are separated by approximately 240
feet from the Lido Villas residential project to the east. Based upon the Project drawings, all elevations of proposed new additions will include consistent architectural treatments, articulation and modulation of building masses providing visual interest with a coastal architectural theme specified by the Lido Village Design Guidelines.
4. The Project retains the two large ficus trees designated by Council Policy G-1 as Landmark Trees. The Project also retains the 10 existing tall date palm trees, and provides pedestrian areas, seating areas, and enhanced pavement increasing the aesthetic and use qualities of the setback area. The setback area also provides
pedestrian connections from the intersection of Newport Boulevard and 32nd Street
along the streets in furtherance of the goals of the Lido Village Design Guidelines. Lastly, the building elevations include lighthouse-like architectural features, simple gable roofs, tight overhangs, simple block massing, and wood siding all with a clear coastal theme consistent with the Lido Village Design Guidelines.
5. Access to the site, on-site circulation, and parking areas are designed to provide standard-sized parking spaces consistent with the Zoning Code, 26-foot-wide, two-way driveways, and the minimum vehicle turning radius to accommodate and provide safe access for residents and guests (including the disabled), emergency vehicles, delivery
trucks, and refuse collections vehicles, as determined by the City Traffic Engineer.
6. The Project is subject to the City’s Water-Efficient Landscape Ordinance (Chapter 14.17 of NBMC) and compliance will be confirmed at plan check prior to issuing building permits.
7. Consistent with Section 20.30.100 (Public View Protections), the Certified EIR (Section 5.2 Aesthetics/Light and Glare) provides an analysis of potential impacts to public views from Sunset View Park, Cliff Drive Park and Ensign View Park. Based upon that analysis, the proposed hotel will blend into the urban background and not block any
important focal points including the horizon within existing public views from these
vantages. Additionally, there are other taller buildings in the vicinity suggesting that proposed building would not be out of character. Specifically, 601 and 611 Lido Park Drive and 3388 Via Lido are taller than the existing hotel and the Project. No significant public views through or near the Project site are present in the immediate vicinity of the
site. For these reasons, the analysis concludes that there will be no material impact to
public coastal views. While the Project includes increased floor area for the hotel, the proposed five new cottages will be added in line with the existing cottages and most of the other new area will be added on the ground level.
Finding:
C. [The proposed development is n]ot detrimental to the harmonious and orderly growth of the
City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience,
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health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development.
Facts in Support of Finding: 1. The Project will maintain consistency with the Lido Village Design guidelines by continuing an architecturally pleasing coastal theme. Its articulation and building
modulation serve to enhance the urban environment consistent with the Lido Village
Design Guidelines. The Project provides a large setback area between the hotel and Newport Boulevard and 32nd Street that includes pedestrian paths, seating and landscape areas that will create a community focal point and providing connections to abutting uses. While the Project includes a low barrier fence along the Newport
Boulevard and 32nd Street frontages, the wide gates will remain open at all times when
there are no special events occurring in the front lawn area. 2. The Property is in a developed commercial area with limited sensitive land uses located nearby. The overall height of the Project will not materially impact any public views from
General Plan designated vantages or significantly shade surrounding properties as
demonstrated in Section 5.2 Aesthetics/Light and Glare of the Certified EIR. 3. The Project includes 165 on-site parking spaces using a valet parking plan and bicycle parking. The demolition of the former Fire Station No. 2 building will also allow the
creation of 14 new public parking spaces that would be available to hotel guests and the
public on a first-come-first-served basis. The Applicant retained Linscott Law & Greenspan to prepare a parking demand analysis. The analysis forecasts a peak parking demand of 151 parking spaces. Therefore, the Project has been designed accommodate all anticipated parking demand. Additionally, the parking lot and vehicular
access thereto has been designed to accommodate and provide safe access for
passenger vehicles, emergency vehicles, delivery trucks, and refuse collection vehicles. The City Traffic Engineer reviewed and accepted both the parking demand analysis and the revised parking lot layout.
4. Direct vehicular access to Via Lido Plaza will be maintained by the existing driveway
and easement located just west of the intersection of Finley Avenue and Newport Boulevard. The main entry to the hotel at Finley Avenue includes adequate parking spaces and vehicular area to accommodate short-term registration and valet parking without conflicting with vehicle access to Via Lido Plaza. The parking control gate at 32nd
Street is designed and setback sufficiently to avoid conflicts along 32nd Street.
5. Closing the site to unrestricted vehicular access by the public through the site to 32nd Street would discontinue direct vehicular access to Via Lido Plaza through an existing access gate located near the former Fire Station No. 2. Despite the closure of this
access point, adequate vehicular access to Via Lido Plaza for cars, delivery trucks and
emergency vehicles is currently provided by an existing driveway at Finley Avenue and an existing driveway from Via Lido. Large delivery trucks and fire trucks can access both parking areas at Via Lido Plaza based upon information contained in a letter from
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Fuscoe Engineering dated April 27, 2014, that is included as part of the Response to Comments within the Certified Final EIR.
6. The Project is subject to the City’s Outdoor Lighting requirements contained within Section 20.30.070 (Outdoor Lighting) of the NBMC. 7. Any rooftop mechanical equipment will continue to be fully enclosed or screened from
view consistent with the NBMC.
8. The construction will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval shall be complied with.
Alcohol Sales
Finding: D. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Newport Beach Municipal Code.
Facts in Support of Finding: 1. The hotel with its restaurant, bar and lounges has been reviewed and conditioned to
ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is
maintained and that a healthy environment for residents and businesses is preserved. While the hotel is located in an area which has a higher concentration of alcohol licenses than some areas, the hotel will not operate a “public premises” and appropriate licensing and enforcement will be administered by the State Department of Alcoholic Beverage
Control. The location of the Project in relationship to residential zoning districts, day care
centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors has been considered. Operational conditions recommended by the Police Department for the sale of alcoholic beverages, including the requirement to obtain an Operator License, will ensure compatibility with the surrounding uses and
minimize alcohol related incidents.
2. The Property is in an area with a variety of land uses including commercial, retail, residential, and access the beach and bay. The operational characteristics have been conditioned to maintain the compatibility with surrounding land uses.
3. The Project does not involve an expansion of area devoted to alcohol sales and service. The existing use has been in operation for approximately four years and has not proven detrimental.
Conditional Use Permit
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth as follows:
Planning Commission Resolution No. PC2022-020 Page 12 of 40
Finding:
E. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding: 1. Fact in Support of Finding B.1 is hereby incorporated by reference.
2. The Property is not located within a specific plan area. 3. The Project maintains consistency with the following Newport Beach General Plan Goals and Policies:
• Goal LU 1, including Policies LU 1.1 and LU 1.6;
• Goal LU 2, including Policies LU 2.6 and LU 2.8;
• Goal LU 3, including Policy LU 3.2;
• Goal LU 4, including Policy LU 4.2;
• Goal LU 5.3, including Policies LU 5.3.5 and LU 5.3.6;
• Goal LU 5.6, including Policies LU 5.6.1, LU 5.6.2 and 5.6.3;
• Goal LU 6.1, including Policy LU 6.1.1;
• Goal LU 6.8, including Policies LU 6.8.1 and LU 6.8.2;
• Goal LU 6.9, including Policy LU 6.9.1;
• Goal CE 2.1, including Policy CE 2.1.1;
• Goal CE 2.2, including Policy CE 2.2.6;
• Goal CE 5.1, including Policy CE 5.1.2;
• Goal CE 7.1, including Policy CE 7.1.1;
• Goal NR 1, including Policy NR 1.1;
• Goal NR 3, including Policies NR 3.4, NR 3.9, NR 3.10, NR 3.11, and NR 3.20;
• Goal NR 8, including Policy NR 8.1;
• Goal NR 18, including Policies NR 18.1 and NR 18.3; and
• Goal NR 20, including Policies NR 20.1 and NR 20.2.
4. The City Council concurred with the conclusion of the consistency analysis of the proposed project with these goals and policies provided in the final EIR (FEIR). All mitigation measures specified in the Mitigation Monitoring and Reporting Program have been incorporated as conditions of approval to ensure this consistency is maintained.
Finding:
F. 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. Facts in Support of Findings A.1, B.2, B.7, C.3, C.6, and C.7 are hereby incorporated by reference. As conditioned, the Project will maintain compliance with all applicable NBMC
standards.
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2. The hotel will continue to provide alcohol sales in conjunction with late night hours and
as such, the operator is required to obtain a new Operator License from the Police
Department pursuant to Chapter 5.25 of the NBMC. This requirement is included in the conditions of approval. Finding:
G. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity. Facts in Support of Finding:
1. Facts in Support of Findings A.1, B.2, B.3, B.5, C.2, C.3, C.5, D.1 and D.3 are all hereby incorporated by reference. 2. The proposed modifications to the existing hotel and its accessory structures are not
changing the use, such that operation of the Project will become incompatible with other
existing and allowed uses in the vicinity. The added storage areas will help hotel staff be more efficient with less trips outside the building and the enlarged hallways will create more pre-function space to limit the amount of people outside during events. The new breakout rooms are intended to provide an enhanced accommodation that will serve the
existing larger meeting and event rooms. Any events outside normal business
operations will continue to be reviewed consistent with the provisions of the NBMC to ensure compatibility is maintained. Finding:
H. 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 Property is approximately 4.25 acres in size and can accommodate the Project, including adequate parking based upon Project’s anticipated parking demand as analyzed in the Linscott Law & Greenspan parking demand analysis and based upon
the parking analysis contained in Section 5.5 Traffic/Circulation of the Lido House EIR.
Additionally, the site also maintains a large, enhanced setback area comprising at least 20 percent of the site for public walkways, landscaping, and open space. 2. Implementation of the Project will include demolition of the former Fire Station No. 2
building and a reconfiguration of the driveway accessed from 32nd Street. The site will
maintain direct access from 32nd Street and Newport Boulevard at the signalized intersection with Finley Avenue.
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3. Adequate public and emergency vehicle access, public services, and utilities exist to accommodate the Project as concluded by the Lido House Hotel FEIR No. ER2014-003
(SCH#2013111022) (PA2013-217) and Addendum No. 2. The Project has also been
reviewed and accepted in concept by the City Traffic Engineer and the Fire Department. Finding:
I. 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.
Facts in Support of Finding:
1. The use has operated at this location for approximately four years and has not proven detrimental. The Project was also reviewed by the City’s Code Enforcement Division and Police Department with no objection.
2. The Project is expected to enhance the hotel by providing additional accommodations and amenities for visitors. Operational conditions of approval are included to help ensure the use maintains harmony with the surrounding area.
3. The use authorized by this Conditional Use Permit is not a nightclub and its prohibition
will avoid potential land use conflicts, nuisances, and police intervention potentially associated with nightclubs. SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends City Council
approval and adoption of the following:
1. Addendum No. 2 to the Lido House Hotel Final Environmental Impact Report (SCH No.
2013111022) attached hereto as Exhibit “B” and incorporated herein by reference.
2. General Plan Amendment No. GP2020-004 attached hereto as Exhibit “C” and
incorporated herein by reference.
3. Local Coastal Program Amendment No. LC2020-006 attached hereto as Exhibit “D” and
incorporated herein by reference.
4. Zoning Code Amendment No. CA2022-003 attached hereto as Exhibit “E” and
incorporated herein by reference.
Planning Commission Resolution No. PC2022-020
Page 15 of 40
5. Site Development Review No. SD2020-008 and Conditional Use Permit No . UP2020-
039 based upon the findings above and subject to the conditions of approval attached
as Exhibit "F" and incorporated herein by reference. If adopted by City Council and
implemented by the Applicant, these approvals will replace and supersede the previous
Site Development Review and Use Permits.
PASSED, APPROVED, AND ADOPTED THIS 21sr DAY OF JULY, 2022.
AYES: Ellmore, Harris, Klaustermeier, Kleiman , Lowrey, Rosene, and Weigand
NOES: None
ABSTAIN: None
ABSENT: None
BY: -----------
Lauren Kleiman, Chairman
BY: ~1__ -
Mark Rosene, Secretary
Attachment(s) -Exhibit A -Legal Description
Exhibit B -Addendum No. 2 to the Certified Final Lido House Hotel EIR
Exhibit C -General Plan Amendment No. GP2020-004
Exhibit D -Local Coastal Program Amendment No. LC2020-006
Exhibit E -Zoning Code Amendment No. CA2022-003
Exhibit F -Conditions of Approval for Site Development Review No.
SD2020-008 and Conditional Use Permit No. UP2020-039
Exhibit G -Approved Project Plans
Planning Commission Resolution No. PC2022-020 Page 16 of 40
EXHIBIT A
Legal Description
LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1:
THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF
"LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET;
THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON
A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S
ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
Planning Commission Resolution No. PC2022-020 Page 17 of 40
PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION
NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89
FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE
OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK “A” OF “LANCASTER’S ADDITION TO NEWPORT BEACH’ AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
Planning Commission Resolution No. PC2022-020 Page 18 of 40
EXHIBIT B
Addendum No. 2 to the Certified Final Lido House Hotel EIR
(The Final EIR, Addendum No. 1, and Addendum No. 2 are all available at www.newportbeachca.gov/CEQA within the “Lido House Hotel” folder due to size.)
Planning Commission Resolution No. PC2022-020 Page 19 of 40
EXHIBIT C
General Plan Amendment No. GP2020-004
Amend Table LU1 to modify the “Visitor Serving Commercial – Lido Village—CV-LV”
land use category as follows:
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
VISITOR SERVING
COMMERCIAL – LIDO VILLAGE—CV-LV
The CV-LV category is intended to allow for a
range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to
primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current
location. Limited Use Overnight Visitor Accommodations and residences are not
allowed
As specified by Table LU2
Amend Table LU2 to modify Anomaly Number 85 as shown in the following table:
Table LU2 Anomaly Locations
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (sf)
Development
Limit (Other)
Additional
Information
85 B5 CV-LV 103,470
118,573 sf of hotel
Accessory commercial
floor area is allowed in
conjunction with a hotel
and it is included within
the hotel development
limit. Municipal
facilities are not
restricted or included in
any development limit.
Planning Commission Resolution No. PC2022-020 Page 20 of 40
EXHIBIT D
Local Coastal Program Amendment No. LC2020-006
Amend Table 2.1.1-1 of the Coastal Land Use Plan as follows:
Table 2.1.1-1 Land Use Plan Categories
Land Use Category Uses Density/Intensity
CV-LV
Visitor-Serving
Commercial –
Lido Village
The CV-LV category is intended to allow for
a range of accommodations (e.g. hotels,
motels, hostels), goods, and services
intended to primarily serve visitors to the
City of Newport Beach. A fire station is
allowed in its current location. Limited Use
Overnight Visitor Accommodations and
residences are not allowed. Note: The CV-
LV (Visitor Serving Commercial - Lido
Village) category applies to the former City
Hall Complex that includeds Fire Station # 2
(3300 Newport Boulevard and 475 32nd
Street).
103,470
118,573 gross square feet not
including a fire station. A fire
station may not occupy more
than 10% of the total project
site.
Amend Policy 4.4.2-1 of the Coastal Land Use Plan as follows:
4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3, except for the following sites:
A. Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum
73-foot- tall faux lighthouse architectural tower, that creates an iconic landmark for the public to identify the site from land and water as a boating safety feature, may be allowed. No further exceptions to the height limit shall be allowed, including but not limited to, exceptions for architectural features, solar equipment
or flag poles. Any architectural tower that exceeds the 35-foot height limit shall
not include floor area above the 35-foot height limit, but shall house screened communications or emergency equipment, and shall be sited and designed to reduce adverse visual impacts and be compatible with the character of the area by among other things, incorporating a tapered design with a maximum diameter
of 34-feet at the base of the tower. Public viewing opportunities shall be provided
above the 35-feet, as feasible. (Resolution 2013-44) B. Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site):
• At least 75% of the total area of the site shall be 35 feet in height or lower.
• Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is
demonstrated that development does not adversely impact public views.
Planning Commission Resolution No. PC2022-020 Page 21 of 40
• Architectural features such as domes, towers, cupolas, spires, and similar
structures may be up to 65 feet in height.
• Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site.
• Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site.
• With the exception of a fire station, aAll buildings and structures over 35
feet in height, including architectural features, shall be setback a minimum
of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-of-way.
• A fire station may be located in its current location and may be up to 40
feet in height. A fire station may include architectural features up to 45 feet
in height to house and screen essential equipment.
• The purpose of allowing limited exceptions to the 35-foot height limit on this site is to promote vertical clustering resulting in increased publiclypublically accessible on-site open space and architectural diversity
while protecting existing coastal views and providing new coastal view opportunities. (Resolution 2016-29)
Amend the row entitled “Side [Setbacks] (Street Side)” in Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.030 (Commercial
Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows:
TABLE 21.20-2
DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS
Development
Feature CC CG CM CN CV CV-LV OG
Additional
Requirements
Side (Street
side)
0 0 0 0 0 32nd Street:
1 ft. for below grade structures;
1 ft. for structures up to 35 ft. in
height;
70 ft. for structures over 35 ft. in
height (4)(5)
Via Oporto:
0
15 ft.
Amend the row entitled “Floor Area Ratio” in Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.030 (Commercial Coastal Zoning
Planning Commission Resolution No. PC2022-020 Page 22 of 40
Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows:
TABLE 21.20-2
DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS
Development
Feature CC CG CM CN CV CV-LV OG
Additional
Requirements
Floor Area
Ratio (2)(3)(4)
0.75 0.75 0.50 0.30 1.50 103,470
118,573 sf (8)
1.30
Amend the rows related to “Height” in Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.023 (Commercial Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows:
TABLE 21.20-2
DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS
Development
Feature CC CG CM CN CV CV-LV OG
Additional
Requirements
Height Maximum allowable height of structures without discretionary approval. See
Section 21.30.060 (Height Limits and Exceptions) for height measurement
requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible increase
in height limit.
Within
Shoreline
Height Limit
Zone
26 ft. with flat roof; less than
3/12 pitch
31 ft. with sloped roof; 3/12
or greater pitch
55 ft. with flat
roof, less than
3/12 roof
pitch;
60 ft. with
sloped roof,
3/12 roof pitch
or greater
(5)(6)(7)
55 ft. with flat roof,
less than 3/12 roof
pitch;
60 ft. with sloped
roof, 3/12 roof pitch
or greater (6)(7)
26 ft. with flat roof;
less than 3/12 pitch
31 ft. with sloped
roof; 3/12 or greater
pitch
Section 21.30.06
0
See CLUP Policy
4.4.2-1
Not within
Shoreline
Height Limit
Zone
32 ft. with flat roof; less than
3/12 pitch
37 ft. with sloped roof; 3/12
or greater pitch
N/A
N/A
32 ft. with flat roof;
less than 3/12 pitch
37 ft. with sloped
roof; 3/12 or greater
pitch
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Planning Commission Resolution No. PC2022-020 Page 23 of 40
TABLE 21.20-2
DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS
Development
Feature CC CG CM CN CV CV-LV OG
Additional
Requirements
Within High
Rise Height
Area (See Figure
H-1, attached to
the ordinance
codified in this
Implementatio
n Plan).
300 ft. N/A N/A
300 ft.
Amend the footnotes for Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.020 (Commercial Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows:
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions).
(2) In the CG Coastal Zoning District, when 0.3/0.5 is shown on the Coastal Zoning Map, the FAR
may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects.
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures.
(4) The specific floor area limitations for each coastal zoning district are identified on the Coastal Zoning Map.
(5) Setbacks to 32nd Street do not apply to Fire Station No. 2.
(5)(6) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height.
(7) Fire Station No. 2 may be up to forty (40) feet in height and may include architectural features up to forty-five (45) feet in height to house and screen essential equipment.
(8) One hundred three thousand four hundred seventy (103,470) gross square feet not including a fire station. A fire station may not occupy more than ten (10) percent of the total project site.
Amend Subsection (D)(15) of Section 21.30.060 (Height Limits and Exceptions) of Title
21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows:
15. Lido House Hotel. At the former City Hall, 3300 Newport Boulevard and 475 32nd Street:
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Planning Commission Resolution No. PC2022-020 Page 24 of 40
a. At least seventy-five (75) percent of the total area of the site shall be thirty-five (35) feet in height or lower.
b. Buildings and structures up to fifty-five (55) feet in height with the peaks of sloping roofs and elevator towers up to sixty (60) feet in height provided it is demonstrated that development does not adversely materially impact public views.
c. Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height.
d. Buildings and structures over thirty-five (35) feet in height, including architectural features, shall not occupy more than twenty-five (25) percent of the total area of the site.
e. Buildings and structures over forty-five (45) feet in height, including architectural features, shall not occupy more than fifteen (15) percent of the total area of the site.
f. With the exception of a fire station, aAll buildings and structures over thirty-five (35) feet in height, including architectural features, shall be set back a minimum of sixty (60) feet from the
Newport Boulevard right-of-way and seventy (70) feet from the 32nd Street right-of-way.
g. A fire station may be located in its current location and may be up to forty (40) feet in height.
h. A fire station may include architectural features up to forty-five (45) feet in height to house and
screen essential equipment.
Planning Commission Resolution No. PC2022-020 Page 25 of 40
EXHIBIT E
Zoning Code Amendment No. CA2022-003
Amend Section 20.14.010 (Zoning Map Adopted by Reference) of the Newport Beach Municipal Code (NBMC) to modify Anomaly Number 85 as follows:
Anomaly
Number
Development
Limit (sf)
Development Limit
(Other) Additional Information
85 103,470
118,573 sf of hotel
Accessory commercial floor area is
allowed in conjunction with a hotel and it is
included within the hotel development
limit. Municipal facilities are not restricted
or included in any development limit.
Amend the row entitled “Setbacks” in Table 2-7 (Development Standards for Commercial Retail Zoning Districts) of Section 20.20.030 (Commercial Zoning Districts General Development Standards) of Title 20 (Planning and Zoning) of the NBMC to read as follows:
TABLE 2-7
DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS
Development
Feature CC CG CM CN CV CV-LV
Additional
Requirements
Setbacks Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed
Encroachments into Setback Areas) for setback measurement, allowed projections into
setbacks, and exceptions.
Front 0 0 0 0 0 Newport Blvd:
1 ft. for below grade
structures;
20 ft. for structures up to 35
ft. in height;
60 ft. for structures over 35
ft. in height
Side (interior,
each):
Abutting
nonresidential
0 0 0 0 0 1 ft. for below grade
structures;
5 ft. for above grade
structures
Abutting
residential
5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft.
Planning Commission Resolution No. PC2022-020 Page 26 of 40
TABLE 2-7
DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS
Development
Feature CC CG CM CN CV CV-LV
Additional
Requirements
Side (Street side) 0 0 0 0 0 32nd Street:
1 ft. for below grade
structures;
1 ft. for structures up to 35 ft.
in height;
70 ft. for structures over 35
ft. in height (4)
Via Oporto:
0
Rear:
Abutting an alley 10 ft. 10 ft. 10
ft.
10 ft. 10
ft.
5 ft.
Not abutting an
alley
0 0 0 0 0 0
Abutting
residential
5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft.
Amend the row entitled “Height” in Table 2-7 (Development Standards for Commercial
Retail Zoning Districts) of Section 20.20.030 (Commercial Zoning Districts General Development Standards) of Title 20 (Planning and Zoning) of the NBMC to read as follows:
TABLE 2-7
DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS
Development Feature CC CG CM CN CV CV-LV
Additional
Requirements
Height Maximum allowable height of structures without discretionary approval. See
Section 20.30.060 (Height Limits and Exceptions) for height measurement
requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible
increase in height limit.
Within Shoreline Height
Limit Zone
26 ft. with flat roof;
less than 3/12 pitch
31 ft. with sloped roof;
3/12 or greater pitch
55 ft. with flat roof, less than
3/12 roof pitch;
60 ft. with sloped roof, 3/12
roof pitch or greater (4)(5)(6)
20.30.060
See CLUP Policy 4.4.2-
1 Not within Shoreline Height
Limit Zone
32 ft. with flat roof;
less than 3/12 pitch N/A
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Planning Commission Resolution No. PC2022-020 Page 27 of 40
TABLE 2-7
DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS
Development Feature CC CG CM CN CV CV-LV
Additional
Requirements
37 ft. with sloped roof;
3/12 or greater pitch
Within High Rise Height
Area (See Figure H-1,
attached to the ordinance
codified in this title).
300 N/A
Amend the footnotes for Table 2-7 (Development Standards for Commercial Retail Zoning Districts) of Section 20.20.030 (Commercial Zoning Districts General Development Standards) of Title 20 (Planning and Zoning) of the NBMC to read as follows:
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 (Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures.
(4) Setbacks to 32nd Street do not apply to Fire Station No. 2.
(4)(5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment.
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Planning Commission Resolution No. PC2022-020 Page 28 of 40
EXHIBIT F
Conditions of Approval Site Development Review No. SD2020-008 Conditional Use Permit No. UP2020-039
Planning Division
1. The Project shall be in substantial conformance with the approved plans attached as Exhibit G of this Resolution except as modified by applicable conditions of approval.
2. Site Development Review No. SD2020-008 and Conditional Use Permit No. UP2020-039 shall expire unless exercised within 24 months from the date of approval of a Coastal
Development Permit unless an extension is otherwise granted by the Community
Development Director or the Planning Commission by referral or appeal.
3. Prior to the issuance of building permits, approval from the California Coastal Commission is required.
4. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. All development shall be implemented in compliance with all mitigation measures contained within the approved Mitigation Monitoring and Reporting Program of the Lido House Hotel, Final Environmental Impact Report No. ER2014-003 (SCH#2013111022).
6. The Applicant shall comply with all federal, state, and local laws. Violation of any of
those laws in connection with the use may be cause for modification or revocation of
Site Development Review No. SD2020-008 and Conditional Use Permit No. UP2020-039.
7. Approval of this Site Development Review and Conditional Use Permit authorize a hotel which is intended for occupancy by transients for dwelling, lodging, or sleeping purposes
for periods of thirty (30) days or less. The selling of timeshares or any other form of
fractional ownership of the hotel shall be prohibited. Additionally, no portion of the hotel shall be rented or otherwise used for residential purposes. 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 the Resolution approving Site Development Review No. SD2020-008 and Conditional Use Permit No. UP2020-039, including the conditions of approval within Exhibit “A” shall be incorporated into the final approved Building Division and field sets
of plans prior to issuance of the building permits.
10. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
Planning Commission Resolution No. PC2022-020 Page 29 of 40
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Department and the Municipal Operations Department. All
planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on-site moisture-sensor. Planting areas adjacent to vehicular activity shall
be protected by a continuous concrete curb or similar permanent barrier. Landscaping
shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer.
11. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained
in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing
and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.
12. Reclaimed water shall be used whenever available, assuming it is economically feasible.
13. Water leaving the project site due to over-irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager’s Office shall visit the location, investigate, inform and notice the responsible party, and, as appropriate, cite the responsible party and/or shut off the irrigation water.
14. Watering shall be done during the early morning or evening hours (between 4 p.m. and
9 a.m.) to minimize evaporation the following morning.
15. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. Parking areas and vehicular driveways shall be swept on a weekly basis.
16. Prior to the final of building permits, the Applicant shall schedule an inspection by the
Planning Division to confirm that all landscaping was installed in accordance with the approved plan.
17. All proposed signs shall be in conformance with applicable provisions of the Zoning Code and shall be approved by the City Traffic Engineer if located adjacent to the
vehicular ingress and egress. The final location of the signs shall be reviewed by the
City Traffic Engineer and shall conform to City Standard 110-L to ensure that adequate sight distance is provided. All signs shall be architecturally compatible and made with high quality, durable materials. Cabinet signs are prohibited.
18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on-site lighting shall be shielded and confined within site boundaries. No direct rays or
glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. “Walpak” type fixtures are not permitted. Parking area lighting shall have zero
Planning Commission Resolution No. PC2022-020 Page 30 of 40
cut-off fixtures and light standards shall not exceed 20 feet in height.
19. Prior to the issuance of building permits, the Applicant shall prepare a photometric study
in conjunction with a final lighting plan for approval by the Planning Division.
20. The Property shall be illuminated for security and the site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative nuisance to surrounding property. The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
21. Prior to issuance of the certificate of occupancy, the Applicant shall schedule an evening inspection by the Planning Division to confirm control of light and glare as required by applicable provisions of the Zoning Code and the conditions of approval.
22. 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 and any events conducted on the project site, food service operations, delivery/loading 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
23. All mechanical equipment shall be screened from view of consistent with the Zoning Code and shall be sound attenuated in accordance with Chapter 10.26 of the NBMC, Community Noise Control.
24. Trash receptacles for patrons shall be conveniently located both inside and outside of
the facility and shall be routinely emptied. All trash shall be stored within the building or
within trash bins stored within trash enclosure(s).
25. 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 as necessary.
26. Storage of any materials outside of the buildings or in parking areas property shall be
prohibited.
27. The trash enclosure shall accommodate a minimum of four, 4-foot by 6-foot trash bins and shall include doors and a roof structure to screen the contents of the enclosure. 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.
28. The construction and equipment staging areas shall be located in the least visually prominent area on the site and shall be properly maintained and/or screened to minimize
potential unsightly conditions.
Planning Commission Resolution No. PC2022-020 Page 31 of 40
29. A six-foot-high screen and security fence shall be placed around the construction site during construction. Construction equipment and materials shall be properly stored on
the site when not in use.
30. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles
shall be minimized by proper use of traffic control equipment and flagman.
31. Construction activities which produce loud noise that disturb, or could disturb a person of normal sensitivity who works or resides in the vicinity, shall be limited to the weekdays between the hours of 7 a.m. and 6:30 p.m. No such noise occurrences shall occur at any time on Saturdays, Sundays or federal holidays.
32. 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 the Lido House Hotel Expansion including, but not limited to, the General Plan Amendment No. GP2020-004, Local Coastal Program Amendment No. LC2020-006, Zoning Code Amendment No. CA2022-003, Site Development Review No. SD2020-008, Conditional Use Permit No. UP2020-039; and/or the City's related California
Environmental Quality Act determinations and the certification of the Final
Environmental Impact Report No. ER2014-003 (SCH#2013111022) and Addendum No. 2. 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. Applicant shall not be required to indemnify the City from any
lawsuit, or damages, costs, attorneys’ fees, or other expenses related thereto, that is
brought by any person or entity that is currently a party to litigation initiated by the City related to the former city hall site, including the former Fire Station No. 2 site.
Building Division
33. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department for demolition and construction. The construction plans must
comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. The construction plans must comply with the California Green Building Standards Code.
34. A grading bond shall be required prior to grading permit issuance.
Planning Commission Resolution No. PC2022-020 Page 32 of 40
35. A geotechnical report shall be submitted to the Building Division for review prior to grading permit issuance.
36. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State
Water Quality Control Board. This plan will detail measures and practices that will be in
effect during construction to minimize the project’s impact on water quality.
37. Prior to issuance of grading permits, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The
WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
38. A drainage and hydrology study shall be submitted prior to grading permit issuance.
39. A wheelchair-accessible path of travel shall be provided from Finley Avenue, Newport Boulevard, and 32nd Street including public transportation areas to all guest rooms and
facilities. Proposed wood shingles shall be Class A.
40. Fire Sprinkler System shall be Type 13.
Fire Department
41. The Applicant shall provide an exiting analysis for all new assembly spaces.
42. New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication
systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. If the existing structure has an emergency responder radio coverage system, the addition shall be accounted for and improvement shall be made to the system unless testing by a third party determines that it is not required.
43. A fire flow determination consistent with Newport Beach Fire Department Guideline B.01 “Determination of Required Fire Flow” shall be required for the proposed buildings prior to the issuance of a building permit. The fire flow information shall be included on final building drawings.
44. All weather access roads shall be installed and made serviceable prior to and during
time of construction.
45. Fire hydrants shall be required to be located within 400 feet of all portions of the building subject to the review and approval of the Newport Beach Fire Department. Additional
Planning Commission Resolution No. PC2022-020 Page 33 of 40
hydrants may be required dependent on fire flow calculations. All existing and proposed fire hydrants within 400 feet of the project site shall be shown on the final site plan.
46. Blue hydrant identification markers shall be placed adjacent to fire hydrants consistent
with Newport Beach Fire Department guidelines.
47. A fire apparatus access road shall be provided to within 150 feet of all exterior walls of the first floor of the building. The route of the fire apparatus access road shall be approved by the Fire Department. The 150 feet is measured by means of an
unobstructed route around the exterior of the building. Newport Beach Fire Department
Guideline C.01 “Emergency Fire Access: Roadways, Fire Lanes, Gates and Barriers.”
48. Minimum width of a fire access roadway shall be 20 feet, no vehicle parking allowed. The width shall be increased to 26 feet within 30 feet of a hydrant, no vehicle parking allowed. Access roads shall have an unobstructed vertical clearance of not less than
13 feet, 6 inches. Newport Beach Fire Department Guideline C.01.
49. Apparatus access roads must be constructed of a material that provides an all weather driving surface and capable of supporting 72,000 pounds imposed load for fire apparatus and truck outrigger loads of 75 pounds per square inch over a two foot area. Calculations stamped and signed by a registered professional engineer shall certify that
the proposed surface meets the criteria of an all weather driving surface and is capable
of withstanding the weight of 72,000 pounds, Newport Beach Fire Department Guideline C.01.
50. Vehicle access gates or barriers installed across fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01
“Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers.” The minimum
width of any gate or opening necessary or required as a point of access shall be not less than 14 feet unobstructed width. As amended by Newport Beach, California Fire Code Section 503.6.1.
51. All security gates shall have a Knox-box override and an approved remote opening
device. Newport Beach Fire Department Guideline C.01.
52. Fire lanes shall be identified as per Newport Beach Fire Department Guideline C.02.
53. An automatic fire sprinkler system will be required and shall be installed as per California Fire Code Section 903.
54. The underground fire line will be reviewed by the fire department. A separate submittal
is required which requires an “F” Permit. The underground fire line is a separate
submittal (cannot be part of the overhead fire sprinkler plans, nor precise or rough grading plans) and must be designed as per N.B.F.D. Guideline F.04 “Private Hydrants and Sprinkler Supply Line Underground Piping.”
55. Standpipes systems shall be provided as set forth in California Fire Code Section 905.
Planning Commission Resolution No. PC2022-020 Page 34 of 40
56. Hood Fire Suppression system will be required for cooking appliances and plans must be submitted to the fire department for approval prior to installation.
57. A fire alarm system will be required and shall be installed as per California Fire Code
Section 907.
58. Fire extinguishers are required and shall be located and sized as per the California Fire Code.
59. Emergency power shall be provided for exit signs as required in Section 1013.6.3. The
system shall be capable of powering the required load for a duration of not less than 90
minutes.
60. Public Safety Radio System Coverage (800 MHz firefighter’s radio system) shall be provided as per Newport Beach Fire Department Guideline D.05.
61. Premises identification shall be provided as City of Newport Beach amended California
Fire Code Section 505.1.1. Addresses shall be placed above or immediately adjacent
to all doors that allow fire department access. In no case shall the numbers be less than four inches in height with a one-half inch stroke.
62. Fireplaces and fire pit clearances shall be provided as per manufacturer’s recommendations and/or California Mechanical Code requirements.
63. Awnings and canopies shall be designed and installed as per California Building Code
Section 3105 with frames of noncombustible material, fire-retardant-treated wood, wood of Type IV size, or 1-hour construction with combustible or noncombustible covers and shall be either fixed, retractable, folding or collapsible.
64. All building and structures with one or more passenger service elevators shall be
provided with not less than one medical emergency service elevator to all landings. The
medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 84 inches with not less than 5-inch radius corner in the horizontal position. The elevator car shall be of such a size to accommodate a 24-inch by 84-inch ambulance gurney or stretcher with not less than 5-
inch radius corners, in the horizontal, open position, shall be provided with a minimum
clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door as per California Building Code Section 3002.
65. Fire Master Plan shall be submitted to the Fire Prevention Division for approval. The
plan shall include information on the following (but not limited to) subjects: fire department vehicle access to the project site, secondary emergency vehicle access, firefighter access (hose pull) around structures, fire lane identification, location of fire hydrants and other fire department appliances, and the location and type of gates or
barriers that restrict ingress/egress.
Planning Commission Resolution No. PC2022-020 Page 35 of 40
66. Building permit plans shall be submitted to the Fire Department for plan check and approval prior to the issuance of building permits.
Public Works Department
67. All improvements shall be constructed as required by Ordinance and the Public Works Department.
68. An encroachment permit is required for all work activities and all non-standard improvements within the public right-of-way and public property.
69. Prior to building permit issuance, a final Construction Management Plan (CMP) shall be
reviewed and approved by the Community Development Director and City Traffic Engineer.
70. Prior to building permit issuance, a final Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic
Engineer.
71. The Applicant shall be required to construct fourteen (14) new public parking spaces along Via Oporto and shall coordinate with the City’s Finance Department for the installation of parking meters and/or pay stations and signage.
72. All landscaping along Via Oporto adjacent to the fourteen (14) public parking spaces
shall be maintained by the Applicant.
73. The reconfigured driveway approach along the 32nd Street frontage shall be constructed per City Standard.
74. The Applicant shall construct new planned improvements along 32nd Street between Newport Boulevard and Lafayette Avenue, including but not limited to, sidewalk,
curb/gutter, striping, signage, driveway, street light relocation, parking meter post
relocation, and roadway improvement. All work shall be per City Standards and approved by the Public Works Director. The cost shall be borne by the Applicant.
75. The public pedestrian easement along Newport Boulevard shall be a minimum of 8 feet in width and clear of any obstructions, unless otherwise approved by the Public Works
and the Community Development Departments.
76. The Applicant shall reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter, and driveway approaches along the Newport Boulevard and 32nd Street frontages.
77. All existing curb ramps along the project frontages shall be upgraded to current ADA
standards.
78. All improvements shall comply with the City’s sight distance requirement. The project driveways shall be designed to accommodate adequate vehicular sight distance per City
Planning Commission Resolution No. PC2022-020 Page 36 of 40
Standard 105. Walls, signs, and other obstructions shall be limited to 30 inches in height and planting shall be limited to 24 inches in height within the limited use areas.
79. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector.
80. All on-site drainage shall comply with the latest City Water Quality requirements.
81. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at property line.
82. All new and existing water services (i.e., domestic, landscaping, or fire) shall have its own water meter and shall be protected by a City approved backflow assembly.
83. All new and existing sewer laterals shall have a sewer cleanout installed per STD-406-L.
84. Water and Wastewater demand studies shall be prepared and submitted for review and
approval prior to approval of the Grading Plan. If studies show that there are impacts based on the peak demand flows calculated, improvements to the City’s infrastructures will be required at the cost of the development.
85. All parking stalls and drive aisle widths shall be per City Standards 805-L-A and 805-L-
B.
86. A Valet Operations Plan shall be reviewed and approved by the City Traffic Engineer and the Community Development Director prior to the issuance of a certificate of occupancy. Future changes to the plan shall also require the review and approval.
87. All valet operation shall be accommodated on-site at all times.
88. Tandem parking spaces shall be signed and used for valet parking only. They may be
used for long-term reserved parking. They shall not be used for public parking.
89. All landscaping, hardscape, ground cover, and trees within the project site and along the Finley Avenue, Newport Boulevard, and 32nd Street frontages shall be maintained by the Applicant.
90. Remove pendant lighting along Finley Avenue to provide adequate vertical clearance.
Police Department
91. State Department of Alcoholic Beverage Control license types classified as “Public Premises” shall be prohibited.
92. If required by the State Department of Alcoholic Beverage Control, the Applicant shall
provide the Chief of Police a statement of facts showing why the issuance of alcohol
licenses for the proposed project would serve public convenience or necessity.
Planning Commission Resolution No. PC2022-020 Page 37 of 40
93. Approval of this Site Development Review and Conditional Use Permit does not permit the hotel or its restaurants, bars, lounge, or assembly areas to operate as a nightclub
as defined by the Newport Beach Municipal Code, unless the Planning Commission first
approves such permit.
94. Prior to final inspection of the building permit, the operator shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the NBMC, unless it is determined the Operator License is not required. The Operator License may be subject
to additional and/or more restrictive conditions to regulate and control potential late-hour
nuisances associated with the operation facility.
95. Prior to occupancy and operation of the proposed hotel and its ancillary uses, a comprehensive security plan shall be submitted to the Newport Beach Police Department for review and approval.
96. 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.
97. No “happy hour” type of reduced price alcoholic beverage promotion shall be allowed
except when offered in conjunction with food ordered from the a full service menu.
98. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted.
99. All persons selling alcoholic beverages shall be over the age of 21 and 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. 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.
100. 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 NBMC. 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.
101. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the hotel, hotel restaurant or lounge facility.
Planning Commission Resolution No. PC2022-020 Page 38 of 40
102. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding
public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly
related to the patrons of the establishment surrounding residents.
103. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.
104. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits.
105. There shall be no on-site 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.
106. 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.
107. 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 drink.
Real Property Manager
108. Prior to building permit issuance, the Applicant shall work with the City’s Real Property Manager to modify the proposed landscaping around the greenhouse area, such that it
does not restrict use of the surrounding area for events.
109. Prior to building permit issuance, the Applicant shall work with the City’s Real Property Manager to enhance the western wall of the new breakout room by considering adding transom windows or some similar feature that breaks up the wall massing.
110. Prior to building permit issuance, the Applicant shall work with the City’s Real Property
Manager to ensure that adequate pedestrian paths of travel are provided connecting the
hotel to the sidewalk and new public parking along Via Oporto.
111. Prior to building permit issuance, the Applicant shall pursue and execute a lease amendment.
Planning Commission Resolution No. PC2022-020 Page 39 of 40
112. The gates proposed for access through the new fencing along Newport Boulevard shall be removable and shall only be put in place during events. The pedestrian walkway shall
always be freely open and accessible when an event is not occurring.
Planning Commission Resolution No. PC2022-020 Page 40 of 40
EXHIBIT G
Approved Project Plans