HomeMy WebLinkAbout2022-79 - Approving Amendments to the Major Site Development Review and Conditional Use Permit for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068)RESOLUTION NO. 2022-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
AMENDMENTS TO THE MAJOR SITE DEVELOPMENT
REVIEW AND CONDITIONAL USE PERMIT FOR THE
LIDO HOUSE HOTEL LOCATED AT 3300 NEWPORT
BOULEVARD AND 475 32ND STREET (PA2020-068)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by R.D. Olson Development ("Applicant")
with respect to property located at 3300 Newport Boulevard and 475 32nd Street as legally
described in Exhibit "A," which is attached hereto and incorporated by reference
("Property");
WHEREAS, on September 9, 2014, the City Council approved General Plan
Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001,
Zoning Code Amendment No. CA2012-003, Site Development Review No. SD2014-001,
Conditional Use Permit No. UP2014-004, and Traffic Study No. TS2014-005 for the
development of Lido House Hotel at 3300 Newport Boulevard;
WHEREAS, the Applicant proposes a 15,103 square -foot expansion of the Lido
House Hotel to add five cottages, 28 private valet parking spaces, 14 public parking
spaces, a greenhouse, a walkway, breakout rooms, a rooftop enclosure, and landscaping
and fencing improvements along the perimeter of the Property ("Project");
WHEREAS, the Project requires the following approvals from the City:
• General Plan Amendment ("GPA") — To amend Anomaly No. 85 to increase the
development limit to 118,573 gross square feet;
• Local Coastal Program Amendment ("LCPA") — To increase the development
limit to 118,573 gross square feet within both the Coastal Land Use Plan and
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code ("NBMC");
Resolution No. 2022-79
Page 2 of 4
• Zoning Code Amendment ("ZCA") — To increase the development limit to
118,573 gross square feet;
• Major Site Development Review Amendments ("SDR")— To ensure the
changes to the Property are developed in accordance with applicable
development standards;
• Conditional Use Permit Amendments ("CUP") — To allow the operational
changes that result from the changed site plan and floorplan and the sale of
alcohol, and
• Addendum No. 2 to the Certified Final Environmental Impact Report for the Lido
House Hotel — The addendum addresses reasonably foreseeable
environmental impacts resulting from the Project;
WHEREAS, the Property is categorized Visitor Serving Commercial — Lido Village
(CV-LV) and Anomaly No. 85 by the City of Newport Beach General Plan ("General Plan")
and located within with the Commercial Visitor -Serving —Lido Village (CV-LV) Zoning
District,
WHEREAS, the Planning Commission held a duly noticed public hearing on July
21, 2022, in the City 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 written and oral, was presented to, and considered by, the
Planning Commission at this hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
voted unanimously (7 ayes — 0 nays) to adopt Planning Commission Resolution No.
PC2020-020 recommending approval of the Project to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on October 25,
2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place, and purpose of the public hearing was provided in
accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings)
of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
City Council at this public hearing.
Resolution No. 2022-79
Page 3 of 4
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council of the City of Newport Beach hereby approves the
amendments to the Major Site Development Review and the Conditional Use Permit,
based upon the Site Development Review and Conditional Use Permit Findings attached
hereto as Exhibit "B" and subject to the conditions of approval attached hereto as Exhibit
"C" both of which are incorporated herein by reference.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: Pursuant to Section 15062 of the California Environmental Quality
Act ("CEQA") Guidelines, the changes authorized under the Project are not substantial,
as they do not involve new significant effects or a substantial increase in the severity of
previously identified significant effects, and therefore, a subsequent Environmental
Impact Report ("EIR") does not need to be prepared. The City prepared and certified a
final EIR for the Lido House Hotel (SCH#2013111022). State CEQA Guidelines allow for
the updating and use of a previously certified EIR for projects that have changed or are
different from the previous project. In cases where changes or additions occur with no
new significant environmental impacts, an addendum to the previously certified EIR may
be prepared pursuant to CEQA Guidelines Section 15164. The City prepared Addendum
No. 2 to the Lido House Hotel's final EIR for the Project, which concludes there are no
new environmental impacts and no impacts of greater severity that would result from
approval and implementation of the Project.
Resolution No. 2022-79
Page 4 of 4
Section 6: This resolution shall be effective immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of October, 2022.
ATTEST:
Brown -
City
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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Attachment: Exhibit A — Legal Description
Exhibit B — Site Development Review and Conditional Use Permit Findings
Exhibit C — Conditions of Approval
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.
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
FOOTALLEY; 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"5'30" 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
EXHIBIT B
Site Development Review and Conditional Use Permit Findings
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:
Findinq:
A. The proposed development is allowed within the subject Zoning district;
Fact in Support of Finding:
The Project is within the Visitor Serving Commercial - Lido Village (CV-LV) zoning district.
Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of
the NBMC allows visitor accommodations and related accessory uses subject to the
approval of a conditional use permit.
Finding:
B. The proposed development is in 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;
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 rights) -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, Visitor
Serving Commercial - Lido Village (CV-LV) Coastal Land Use Plan category, and
the Visitor Serving Commercial - Lido Village (CV-LV) Zoning District for the
Property 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 Visitor Serving Commercial - Lido Village (CV-LV) 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 Property 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. The 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 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-talcomponents are separa etc -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
(Retention, Removal, and Maintenance of City Trees) 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 32"d 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 Property, on -site circulation, and parking areas are designed to
provide standard -sized parking spaces consistent with Title 20 of the NBMC, 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 Chapter 14.17 (Water -Efficient Landscaping) of the NBMC
and compliance will be confirmed at plan check prior to issuing building permits.
7. Consistent with Section 20.30.100 (Public View Protection), 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 not 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 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 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. The Project includes the removal of the former Fire Station No. 2 building and the
construction of surface parking in its place, including 14 new public parking spaces
accessed from Via Oporto. These parking spaces will enhance access by
increasing the public parking pool in a commercial area frequented by residents
and visitors alike.
5. 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.
6. Closing the Property 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 475 32nd Street. 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 Fuscoe Engineering dated April 27, 2014, that is included
as part of the Response to Comments within the Certified Final EIR.
7. The Project is subject to the City's Outdoor Lighting requirements contained within
Section 20.30.070 (Outdoor Lighting) of the NBMC.
8. Any rooftop mechanical equipment will continue to be fully enclosed or screened
from view consistent with the NBMC.
9. 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 as a "public
premises" and appropriate licensing and enforcement will be administered by the
California 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:
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
Policies, as discussed in detail within Table 5.1-4 of the Certified EIR and as
summarized below:
a. Land Use Element Policy LU 1.1 (Unique Environment). Maintain and
enhance the beneficial and unique character of the different neighborhoods,
business districts, and harbor that together identify Newport Beach. Locate
and design development to reflect Newport Beach's topography,
architectural diversity, and view sheds.
b. Land Use Element Policy LU 1.6 (Public Views). Protect and, where
feasible, enhance significant scenic and visual resources that include open
space, mountains, canyons, ridges, ocean, and harbor from public vantage
points.
The Property is located within the Lido Village area of the City. The modified
site layout, building architecture, and landscaping will be consistent with the
Lido Village Design Guidelines and City -adopted goals to revitalize this
resident and visitor -serving commercial area. The Project is within three
City -designated, protected views and represent views toward Newport Bay
and the Pacific Ocean (identified visual resources). As analyzed in the
Certified EIR and Addendum No. 2, implementation of the proposed project
would not impair the existing views to the Pacific Ocean and Newport Bay
from these public coastal areas. Implementation of the proposed project
would not significantly alter the natural landform.
C. Land Use Element Policy LU 2.6 (Visitor Serving Uses). Provide uses
that serve visitors to Newport Beach's ocean, harbor, open spaces, and
other recreational assets, while integrating them to protect neighborhoods
and residents.
The Project will continue to provide visitors with accommodations located in
proximity to recreational assets, such as the ocean. In addition, the Project
will continue to provide public open space areas, including pedestrian
plazas, landscape areas, and other amenities along Newport Boulevard and
32nd Street, providing passive recreation opportunities. The four-story
massing of the building continues to create a sense of arrival at the entry,
while stepping down in scale and providing architectural articulation along
Newport Boulevard and 32nd Street. The architecture will continue to
include the residential vernacular of local coastal homes, and the hotel's
residential scale would increase the pedestrian scale of the project site in
context of the surrounding commercial uses.
d. Land Use Element Policy LU 2.8 (Adequate Infrastructure).
Accommodate the types, densities, and mix of land uses that can be
adequately supported by transportation and utility infrastructure (water,
sewer, storm drainage, energy, and so on) and public services (schools,
parks, libraries, seniors, youth, police, fire, and so on).
There are adequate infrastructure and services available to serve the
Project and it will be adequately supported by existing transportation
infrastructure within the area.
e. Land Use Element Policy LU 3.2 (Growth and Change). Enhance
existing neighborhoods, districts, and corridors, allowing for reuse and infill
with uses that are complementary in type, form, scale, and character.
Changes in use and/or density/intensity should be considered only in those
areas that are economically underperforming, are necessary to
accommodate Newport Beach's share of projected regional population
growth, improve the relationship and reduce commuting distance between
home and jobs, or enhance the values that distinguish Newport Beach as a
special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate
infrastructure and public services, including standards for acceptable traffic
level of service.
The Project will continue to provide visitor accommodations, recreational,
personal services, shopping, dining, and assembly opportunities within Lido
Village. The modified site layout, building architecture, and landscaping is
planned to be consistent with the Lido Village Design Guidelines and the
City's goals to revitalize Lido Village.
f. Land Use Element Policy LU 4.1 (Land Use Diagram). Accommodate
land use development consistent with the Land Use Plan. Figure LU1
depicts the general distribution of uses throughout the City and Figure LU2
through Figure LU15 depict specific use categories for each parcel within
defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies
the primary land use categories, types of uses, and, for certain categories,
the densities/intensities to be permitted. The permitted densities/intensities
or amount of development for land use categories for which this is not
included in Table LU1, are specified on the Land Use Plan, Figure LU4
through Figure LU15. These are intended to convey maximum and, in some
cases, minimums that may be permitted on any parcel within the
designation or as otherwise specified by Table LU2 (Anomaly Locations).
The density/intensity ranges are calculated based on actual land area,
actual number of dwelling units in fully developed residential areas, and
development potential in areas where the General Plan allows additional
development.
The Property is currently designated Commercial Visitor Serving — Lido
Village. The Project would add 5 rooms to an existing 130-room hotel and
is consistent with this designation and the referenced Policy.
g. Land Use Element Policy LU 5.3.5 (Pedestrian -Oriented Architecture
and Streetscapes). Require that buildings located in pedestrian -oriented
commercial and mixed -use districts (other than the Newport Center and
Airport Area, which are guided by Goals 6.14 and 6.15, respectively,
specific to those areas) be designed to define the public realm, activate
sidewalks and pedestrian paths, and provide "eyes on the street"...
The Project will maintain a site layout, building architecture, and
landscaping that is consistent with the Lido Village Design Guidelines and
the Lido Village Master Plan. The hotel will still be no more than four stories
with architectural features up to 58.5-feet in height. The upper levels will
remain unchanged and will still be set back away from the street edges,
increasing the pedestrian scale from 32"d Street and Newport Boulevard.
The Project will continue to provide public open space areas, pedestrian
plazas, landscape areas, and other amenities along Newport Boulevard and
32"d Street.
h. Land Use Element Policy LU 5.3.6 (Parking Adequacy and Location).
Require that adequate parking be provided and is conveniently located to
serve tenants and customers. Set open parking lots back from public
streets and pedestrian ways and screen with buildings, architectural walls,
or dense landscaping.
Surface parking is primarily located east of the hotel building, away from
Newport Boulevard. The parking lot will continue to be gated except for
parking within the entry at Newport Boulevard and Finley Avenue and the
on -street parking spaces located along 32"d Street. The surface parking
would be screened from the open space/paseo and pedestrian areas by the
hotel structure and by landscaping located around the perimeter of the
Project site.
Land Use Element Policy LU 5.6.1 (Compatible Development). Require
that buildings and properties be designed to ensure compatibility within and
as interfaces between neighborhoods, districts, and corridors.
The Project would continue to enhance pedestrian access along Newport
Boulevard and 32nd Street through public open space areas, pedestrian
plazas, and landscaped areas, providing a transition from Newport Bay to
the Pacific Ocean. The pathway along Newport Boulevard would lead from
the beach and the intersection of Newport Boulevard and 32nd Street to
Finley Avenue, connecting with Lido Village. Thus, the Project would
provide for a compatible interface between neighborhoods, districts, and
corridors within the area.
f Land Use Element Policy LU 5.6.2 (Form and Environment). Require
that new and renovated buildings be designed to avoid the use of styles,
colors, and materials that unusually impact the design character and quality
of their location such as abrupt changes in scale, building form, architectural
style, and the use of surface materials that raise local temperatures, result
in glare and excessive illumination of adjoining properties and open spaces,
or adversely modify wind patterns.
By maintaining the required setbacks to Newport Boulevard and 32nd
Street, the Project is considered compatible in massing and scale to the
surrounding uses. In addition, the Project complies with the Lido Village
Design Guidelines and the NBMC, ensuring operational light and glare
associated with street lighting, security lights, and interior lights would not
be significant. The proposed materials would not raise local temperatures
or result in glare or excessive illumination. In addition, the size and scale
of the Project would not adversely modify wind patterns.
k. Land Use Element Policy LU 5.6.3 (Ambient Lighting). Require that
outdoor lighting be located and designed to prevent spillover onto adjoining
properties or significantly increase the overall ambient illumination of their
location.
The Project is required to comply with Mitigation Measure AES-3 in order to
ensure all construction -related lighting is located and aimed away from
adjacent residential areas and consist of the minimal wattage necessary to
provide safety and security at the Property.
1. Land Use Element Policy LU 6.1.1 (Adequate Community Supporting
Uses). Accommodate schools, government administrative and operational
facilities, fire stations and police facilities, religious facilities, schools,
cultural facilities, museums, interpretative centers, and hospitals to serve
the needs of Newport Beach's residents and businesses.
There are adequate infrastructure and services available to serve the
Project.
M. Land Use Element Policy LU 6.8.1(Urban Form). Establish development
patterns that promote the reinforcement of Balboa Peninsula's pedestrian
scale and urban form as a series of distinct centers/nodes and connecting
corridors.
n. Land Use Element Policy LU 6.8.2 (Component Districts). Lido Village
and McFadden Square should be emphasized as the primary activity
centers of the northern portion of the Peninsula, linked by corridors of retail
and visitor -serving uses along Newport Boulevard and a mix of marine -
related and residential uses on the Bay frontage. These surround a
residential core in the inland section of Cannery Village. Balboa Village will
continue to serve as the primary center of the lower Peninsula, surrounded
by residential neighborhoods along and flanking Balboa Boulevard.
The Project will remain consistent, as analyzed under Policies LU 5.3.5 and
5.3.6 above.
o. Land Use Element Policy LU 6.9.1 (Priority Uses). Encourage uses that
take advantage of Lido Village's location at the Harbor's turning basin and
its vitality and pedestrian character, including visitor -serving and retail
commercial, small lodging facilities (bed and breakfasts, inns), and mixed -
use buildings that integrate residential with retail uses [areas designated as
"MU-W2"; Subarea "A' j. A portion of the Harbor frontage and interior
parcels (Subarea "B') may also contain multi -family residential [designated
as "RM(20/ac)'7, and the parcel adjoining the Lido Isle Bridge, a recreational
and marine commercial use ('designated as "CM(0.3)'7.
The Project proposes to add 5 rooms to an existing 130-room boutique
hotel, providing visitor accommodations, recreational, personal services,
shopping, dining, and assembly opportunities within Lido Village in
proximity to the Newport Harbor and the Ocean allowing the setting and
location to enhance the proposed use. Pedestrian plazas, landscape areas,
and other amenities will be maintained along Newport Boulevard and 32na
Street, further enhancing the pedestrian character of the area.
A Circulation Element Policy CE 2.1.1 (Level of Service Standards). Plan
the arterial roadway system to accommodate projected traffic at the
following level of service standards:
A. Level of Service (LOS) "D" throughout the City, unless otherwise noted.
B. LOS "E" at any intersection in the Airport Area shared with Irvine.
C. LOS "E" at Coast Highway (EVIL and Dover Drive (NS) due to right-of-
way limitations.
D. LOS 'E" at Marguerite Avenue (NS) and Coast Highway (EVIL in the
pedestrian -oriented area of Corona del Mar.
E. LOS "E" at Goldenrod Avenue (NS) and Coast Highway (EM in the
pedestrian -oriented area of in Corona del Mar.
Implementation of the Project would not result in significant impacts to any
of the study intersections based on the agency -established thresholds of
significance.
q. Circulation Element Policy CE 2.2.6 (Emergency Access). Provide all
residential, commercial, and industrial areas with efficient and safe access
for emergency vehicles.
Egress/ingress for the Project has been designed to accommodate
emergency vehicles to meet applicable Fire Code access requirements.
According to the Newport Beach Fire Department, all the fire apparatus
access road requirements, would be met with the Project. Access to all
portions of Via Lido Plaza would continue to be met by public and private
roadways.
r. Circulation Element Policy CE 5.1.2 (Pedestrian Connectivity). Link
residential areas, schools, parks, and commercial centers so that residents
can travel within the community without driving.
The Project will remain consistent, as analyzed under Policy LU 6.9.1
above.
S. Circulation Element Policy CE 7.1.1 (Required Parking). Require that
new development provide adequate, convenient parking for residents,
guests, business patrons, and visitors.
The Project will remain consistent, as analyzed under Policy 5.3.6 above.
t. Natural Resources Element Policy NR 1.1 (Water Conservation in New
Development). Enforce water conservation measures that limit water
usage, prohibit activities that waste water or cause runoff, and require the
use of water —efficient landscaping and irrigation in conjunction with new
construction projects.
The Project would be required to comply with Chapter 14.17 (Water -
Efficient Landscaping) of the NBMC, which establishes a structure for
water -efficient landscapes in new and modified construction projects.
U. Natural Resources Element Policy NR 3.4 (Storm Drain Sewer System
Permit). Require all development to comply with the regulations under the
City's municipal separate storm drain system permit under the National
Pollutant Discharge Elimination System.
The Project would be required to comply with the regulations under the
National Pollutant Discharge Elimination System.
V. Natural Resources Element Policy NR 3.9 (Water Quality Management
Plan). Require new development applications to include a Water Quality
Management Plan (WQMP) to minimize runoff from rainfall events during
construction and post -construction.
The Applicant will be required to submit a Final Water Quality Management
Plan (WQMP) for approval by the City that complies with the requirements
of the latest Orange County Public Works Drainage Area Management Plan
in accordance with Mitigation Measure HWQ-4 of the Certified EIR.
W. Natural Resources Element Policy NR 3.10 (Best Management
Practices). Implement and improve upon Best Management Practices
(BMPs) for residences, businesses, development projects, and City
operations.
X. Natural Resources Element Policy NR 3.11 (Site Design and Source
Control). Include site design and source control BMPs in all developments.
When the combination of site design and source control BMPs are not
sufficient to protect water quality as required by the National Pollutant
Discharge Elimination System (NPDES), structural treatment BMPs will be
implemented along with site design and source control measures.
Y. Natural Resources Element Policy NR 3.20 (Impervious Surfaces).
Require new development and public improvements to minimize the
creation of and increases in impervious surfaces, especially directly
connected impervious areas, to the maximum extent practicable. Require
redevelopment to increase area of pervious surfaces, where feasible.
The Project would incorporate Low Impact Development (LID) features and
BMPs, which would include pervious pavement, infiltration trenches, and an
infiltration gallery. Although impervious surfaces would be slightly increased
with the Project, overall the Project would reduce runoff to the off -site storm
drain facilities.
Z. Natural Resources Element Policy NR 8.1 (Management of
Construction Activities to Reduce Air Pollution). Require developers to
use and operate construction equipment, use building materials and paints,
and control dust created by construction activities to minimize air pollutants.
The Project would be required to comply with Mitigation Measures AQ-1
and AQ-2 of the Certified EIR, reducing air pollutant emissions from
construction activities. These measures call for the maintenance of
construction equipment, the use of non-polluting and non -toxic building
equipment, and minimizing fugitive dust.
aa. Natural Resources Element Policy NR 18.1 (New Development).
Require new development to protect and preserve paleontological and
archaeological resources from destruction, and avoid and minimize impacts
to such resources in accordance with the requirements of CEQA. Through
planning policies and permit conditions, ensure the preservation of
significant archeological and paleontological resources and require that the
impact caused by any development be mitigated in accordance with CEQA.
The Property does not contain any known archaeological or paleontological
resources. Mitigation from the Certified EIR would require a Native
American Monitor and Paleontological Resource Monitor be present during
earth removal or ground disturbance activities at the site. If resources are
discovered, all earth removal or disturbance activities would be suspended
and a mitigation program would be implemented.
bb. Natural Resources Element Policy NR 18.3 (Potential for New
Development to Impact Resources). Notify cultural organizations,
including Native American organizations, of proposed developments that
have the potential to adversely impact cultural resources. Allow qualified
representatives of such groups to monitor grading and/or excavation of
development sites.
The City has previously conducted Senate Bill 18 consultation for the project
site as part of the environmental documentation for the City Hall Reuse
Project, prior to the Certified EIR for the original Lido House Hotel project.
During the previous SB 18 consultation, the City received an inquiry from
one tribal representative. The Native American representative indicated that
he could coordinate monitoring services during grading/construction if it is
determined that such monitoring is required. The tribal representative did
not indicate any knowledge of the presence of any significant cultural or
archaeological resources on the Property.
cc. Natural Resources Element Policy NR 20.1 (Enhancement of
Significant Resources). Protect and, where feasible, enhance significant
scenic and visual resources that include open space, mountains, canyons,
ridges, ocean, and harbor from public vantage points, as shown in Figure
NR3.
The Project will remain consistent, as analyzed under Policy LU 1.1 above.
dd. Natural Resources Element Policy NR 20.2. (New Development
Requirements). Require new development to restore and enhance the
visual quality in visually degraded areas, where feasible, and provide view
easements or corridors designed to protect public views or to restore public
views in developed areas, where appropriate.
The Property is within three City -designated protected views that represent
views toward Newport Bay and the Pacific Ocean (identified visual
resources). As analyzed in the Key View analysis of the Certified EIR,
implementation of the proposed project would not impair the existing views
to the Pacific Ocean and Newport Bay from these public coastal areas.
4. Addendum No. 2 finds the Project is consistent with these goals and policies. All
mitigation measures specified in the Mitigation Monitoring and Reporting Program
for the Certified EIR 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.
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 (Operator License for Establishments
Offering Alcoholic Beverages for On -Site Consumption in Combination with Late
Hours, Entertainment, and/or Dance) 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, therefore, operation of the Project will not 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 Findin :
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 building at 475 32na
Street and reconfiguration of the driveway accessed from 32na Street. The site will
maintain direct access from 32nd Street and Newport Boulevard at the signalized
intersection with Finley Avenue.
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:
1. 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 CUP is not a nightclub and its prohibition will avoid
potential land use conflicts, nuisances, and police intervention potentially
associated with nightclubs.
EXHIBIT C
Conditions of Approval
Planning Division
1. The Project shall be in substantial conformance with the approved plans except as
modified by applicable conditions of approval.
2. This Site Development Review and Conditional Use Permit 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 this Site Development Review and Conditional Use Permit.
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 this Site Development Review and Conditional
Use Permit, including the conditions of approval within Exhibit "C" 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 buildinq permit, the Applicant shall submit a landscape
and 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 Division 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 cut-off fixtures and light standards shall not exceed 20 feet
in height.
19. Prior to the issuance of buildinq 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 Title 20 of the NBMC 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 (Community Noise Control) and
other applicable noise control requirements of the Newport Beach Municipal Code
23. All mechanical equipment shall be screened from view of consistent with Title 20
of the NBMC and shall be sound attenuated in accordance with Chapter 10.26
(Community Noise Control) of the NBMC.
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.
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, Planning Application No.
PA2020-068 including, but not limited to, the related General Plan Amendment,
Local Coastal Program Amendment, Zoning Code Amendment, Site Development
Review, Conditional Use Permit 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 to Final
Environmental Impact Report No. ER2014-003. 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.
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 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.
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.
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 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.
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 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.
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.
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2022-79 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of October, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
RECUSED: Mayor Pro Tern Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of October, 2022.
Leilani I. Brown
City Clerk V
Newport Beach, California